Allahabad High Court
VISHANT @ VISHANT RAGHUVANSHI @ SINGHANIYAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that no ground existed to quash the charge sheet or cognizance order and therefore dismissed the application.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 6 March 2026, the cognizance order dated 5 August 2026, and the entire criminal proceedings (Case No. 2689 of 2026) arising from FIR charges under Sections 281, 109(1) and 352 of the Indian Penal Code. The High Court examined the FIR, the impugned order and the charge sheet and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer for quashing. The court, however, allowed the applicant to surrender within three weeks and apply for bail, directing that the bail application be decided expeditiously and that no coercive action be taken during the three‑week period.
Issues considered
- Whether the High Court can quash the charge sheet and cognizance order under Section 528 CrPC in the present facts
- Whether any statutory or jurisprudential ground exists to interfere with the criminal proceedings
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 109(1), 281, 352
Subjects
- Section 528
- quash of FIR
- charge sheet
- cognizance order
- bail
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38256 of 2026
Vishant @ Vishant Raghuvanshi @ Singhaniya
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sharad Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for parties.
2. This present application has been filed for seeking quashing of charge
sheet dated 6.3.2026, cognizance order dated 5.8.2026 passed by learned
Chief Judicial Magistrate, Baghpat as well as entire proceeding in Criminal
Case no. 2689 of 2026 arising out of Case Crime no. 322 of 2025 under
Section 281, 109(1), 352 BNS, PS- Badaut, District Baghpat.
3. On perusal of the narration of FIR as well as impugned order and
chargesheet, 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 order along with chargesheet,
can be set aside.
4. Accordingly, the prayer sought through the instant application, is refused.
5. Lastly, learned counsel for applicant has submitted that liberty may be
granted to applicants 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 surrender 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.
NA528 No. 38256 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.
(Saurabh Srivastava,J.)
September 18, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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