Allahabad High Court
HARISH CHAUDHARYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is dismissed; the charge sheet and proceedings are not set aside.
Summary
Harish Chaudhary filed an application under Section 528 of the Criminal Procedure Code seeking to quash a charge sheet dated 18‑06‑2025 and the related criminal proceedings (Case No. 7676 of 2026) instituted by the State of Uttar Pradesh. The charge sheet alleged offences under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code. The Allahabad High Court examined the FIR, the charge sheet and the order of the Judicial Magistrate and found no ground for interference or for setting aside the proceedings. Accordingly, the court refused the prayer to quash the charge sheet and dismissed the application. The court directed that the applicant may surrender within three weeks, apply for bail, and that no coercive action be taken against him during that period, with any bail application to be decided expeditiously.
Issues considered
- Whether the High Court can quash the charge sheet and criminal proceedings under Section 528 CrPC on the facts presented
- Whether any statutory ground exists to set aside the charge sheet and the order of the Judicial Magistrate
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- Section 528 CrPC
- quash of charge sheet
- criminal procedure
- IPC offences
- bail
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38374 of 2026
Harish Chaudhary
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhai Singh, Virendra Singh
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 18.6.2025 as well as entire proceeding in Criminal Case no. 7676
of 2026 (State vs. Awadhesh and another) arising out of Case Crime no. 29
of 2025 under sections 419, 420, 467, 468, 471 IPC, PS- Kalwari, District
Basti and summoning order dated 6.7.2026 passed by learned Judicial
Magistrate-I, Court no. 12, Basti.
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 applicants 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
NA528 No. 38374 of 2026
2
accordance with law.
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 11, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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