Allahabad High Court
KESHAV AND 13 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is dismissed; the criminal proceedings are not quashed.
Summary
The applicants, Keshav and 13 others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the entire criminal proceedings (Case No. 187 of 2026) arising from charges under Sections 191(2), 191(3), 121(1), 132, 125, 115(2), 352 and 3(v) of the BNS. The High Court examined the record and found no ground to interfere with the charge‑sheet, cognizance order or the ongoing trial. Consequently, the court refused the prayer to set aside the proceedings. The court, however, directed that if the applicants surrender within three weeks and apply for bail, their bail applications should be decided expeditiously, citing Satender Kumar Antil v. CBI. It also ordered that no coercive action be taken against the applicants during the three‑week period.
Issues considered
- Whether an application under Section 528 CrPC can be entertained to quash the entire criminal proceedings in the present case.
- Whether there exist sufficient grounds to set aside the charge‑sheet, cognizance order and the ongoing trial.
- Whether the court may conditionally permit surrender and direct expedited consideration of bail applications.
Legislation cited
- BNS — s. 3(v)
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 121(1), 125, 132, 191(2), 191(3), 352
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- bail
- coercive action
- criminal trial
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38266 of 2026
Keshav And 13 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Bhusan Kushwaha,
Jagdev Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicants and learned AGA for
the State.
2. The instant application has been preferred for seeking quashing
of entire proceedings of Criminal case no.187 of 2026 (State
Versus Keshav & others) arising out of case crime no.06/2025,
U/s 191(2), 191(3), 121(1), 132, 125, 115(2), 352, 3(v) of BNS,
Police Station Pisava, District Aligarh, pending in the Court of
Judicial Magistrate Khair Aligarh, including Charge Sheet No.54
of 2025 and Cognizance order dated 14.01.2026 passed by
Judicial Magistrate Khair, District Aligarh.
3. On perusal of entire record appended with the 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 and 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 applicants submitted that liberty
may be granted to applicants to surrender before the court
concerned and apply for bail to which learned AGA has no
NA528 No. 38266 of 2026
2
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 applicants surrender before the court concerned within a
period of three weeks from today and apply for bail, their 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.
7. However, it is made clear that till three weeks from today, no
coercive action shall be taken against applicants herein in
pursuance of aforesaid case.
September 11, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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