Allahabad High Court
MURSALEEM AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there were no sufficient grounds to quash the charge‑sheet or cognizance order, and therefore dismissed the application under Section 528 CrPC.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 21‑11‑2024 and the cognizance/summoning order dated 16‑07‑2026 in State v. Waseem and others, relating to offences under Sections 447, 504, 506, 467, 468 and 471 of the Indian Penal Code. The High Court examined the record and found no ground for interference with the charge‑sheet, cognizance order or the ongoing criminal proceedings. Consequently, the court refused the prayer to quash the documents. The court, however, directed that the applicants may surrender within three weeks and apply for bail, and that no coercive action be taken against them during that period. The bail application, if filed, is to be decided expeditiously.
Issues considered
- Whether the charge‑sheet and cognizance/summoning order can be quashed under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 447, 467, 468, 471, 504, 506
Subjects
- Section 528 CrPC
- quash of FIR
- charge sheet
- cognizance order
- bail
- Indian Penal Code offences
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38267 of 2026
Mursaleem And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Arshad
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 the charge sheet dated 21.11.2024 as well as
cognizance/summoning order dated 16.07.2026 (State Vs.
Waseem and others), arising out of Case Crime No. 278 of 2024,
under Sections 447, 504, 506, 467, 468, 471 I.P.C., P.S. Tronika
City, District Ghaziabad, pending in the learned Court of
Additional Civil Judge (Senior Division)/A.C.J.M., court no. 3,
Ghaziabad.
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
objection.
NA528 No. 38267 of 2026
2
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.
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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