Allahabad High Court
RAMAKANT AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court held that the application under Section 528 CrPC is not maintainable as there are no grounds for interference, and therefore refused to quash the charge sheet.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 29 March 2026 and the entire proceedings in State vs. Ramakant and others (Case No. 2066 of 2026). The charge sheet pertained to offences under Sections 329(3), 111(7), 352 and 351(3) of the Indian Penal Code arising from a crime recorded on 17 of 2026. The High Court examined the FIR, the impugned order and the charge sheet and found no ground for interference under Section 528. Consequently, the court refused the prayer to quash the charge sheet and dismissed the application. The court, however, directed that the applicants may surrender within three weeks and apply for bail, which will be considered expeditiously, and ordered that no coercive action be taken against them during that period.
Issues considered
- Whether the application under Section 528 CrPC for quashing the charge sheet is maintainable.
- Whether there exist sufficient grounds for the High Court to interfere with the charge sheet and proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 111(7), 329(3), 351(3), 352
Subjects
- Section 528 CrPC
- quashing of charge sheet
- bail
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38388 of 2026
Ramakant And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shiv Kumar 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 29.3.2026 as well as entire proceeding in Case no. 2066 of 2026
(State vs. Ramakant and others) arising out of Case Crime no. 17 of 2026
under sections 329(3), 111(7), 352, 351(3) BNS, PS- Saujana, District
Lalitpur along with summoning order dated 10.7.2026.
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 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.
NA528 No. 38388 of 2026
2
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.
(Saurabh Srivastava,J.)
September 11, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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