Allahabad High Court
GAURAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application for quashing the charge‑sheet, cognizance order and the criminal proceedings is dismissed.
Summary
Gaurav filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 15‑11‑2023, the cognizance and summoning order dated 10‑04‑2024, and the entire criminal proceedings in Criminal Case No.13536 of 2024, which pertained to an offence under Section 354 of the Indian Penal Code. The High Court examined the record and found no sufficient ground to interfere with or set aside the charge‑sheet, cognizance order, or the ongoing trial. Consequently, the court refused the prayer for quashing the proceedings. The court, however, allowed the applicant to surrender within three weeks and apply for bail, directing that no coercive action be taken against him during that period. The bail application, if filed, must be decided expeditiously in line with the principles laid down in Satender Kumar Antil v. CBI (2021).
Issues considered
- Whether the charge‑sheet, cognizance order and the entire criminal proceedings can be quashed under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 354
Subjects
- quashing of criminal proceedings
- Section 528 CrPC
- Section 354 IPC
- bail
- coercive action
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38157 of 2026
Gaurav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Devesh Kumar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned AGA for
the State.
2. The instant application has been preferred for seeking quashing
of charge-sheet dated 15.11.2023, cognizance/summoning order
dated 10.04.2024 and the entire proceeding of Criminal Case
No.13536 of 2024 (State Vs. Gaurav) under section 354
IPC, arising out of Case Crime No.713 of 2023, P.S. Civil Lines,
District- Aligarh, pending in the court of learned Chief Judicial
Magistrate, Aligarh.
3. On perusal of entire record appended along with instant
application, this Court does not find it to be a case where
interference of this Court is required. No such ground appears to
be available in the present application, on the basis of which,
impugned charge-sheet, cognizance/summoning order as well
as entire criminal proceedings of the said case, can be set aside.
4. Accordingly, the prayer sought through the instant application,
is refused.
5. Lastly, learned counsel for applicant submitted that liberty may
be granted to applicant to surrender before the court concerned
and apply for bail to which learned AGA has no objection.
6. In view of the aforesaid, the instant application is finally
disposed of with a direction to the court concerned that in case,
the applicant surrenders before the court concerned within a
period of three weeks from today and apply for bail, his bail
application shall be considered and decided expeditiously in
accordance with law laid down in the case of Satender Kumar
Antil Vs. C.B.I. and Another, reported in 2021 (10) SCC 773.
NA528 No. 38157 of 2026
2
7. However, it is made clear that till three weeks from today, no
coercive action shall be taken against applicant herein in
pursuance of aforesaid case.
September 17, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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