Allahabad High Court
AMBRISH SRIVASTAVA @ DEEPUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there were no grounds to quash the cognizance and summoning order, and therefore dismissed the application.
Summary
The applicant, Ambrish Srivastava, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the cognizance and summoning order dated 8 April 2021 and the entire proceedings of case No. 95215 of 2021, which involved charges under Sections 406 and 420 of the Indian Penal Code. The High Court examined the FIR, the impugned order, and the charge sheet and found no basis for interference or for setting aside the proceedings. Consequently, the court refused the prayer to quash the order and dismissed the application. The court, however, directed that the applicant may surrender within 15 days and apply for bail, with the bail application to be considered expeditiously, citing the Supreme Court decision in Satender Kumar Antil v. CBI. Until the surrender, the court ordered that no coercive action be taken against the applicant.
Issues considered
- Whether the cognizance and summoning order dated 8 April 2021 can be quashed under Section 528 CrPC.
- Whether there are sufficient grounds for the High Court to interfere with the proceedings of case No. 95215 of 2021.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 406, 420
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- IPC Sections 406, 420
- bail
- high court order
- surrender
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38393 of 2026
Ambrish Srivastava @ Deepu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Richa Srivastav
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for parties.
2. Present application has been preferred with the prayer to quash the
cognizance/summoning order dated 8.4.2021 as well as entire proceedings of
Case no. 95215 of 2021 (State of U.P. vs. Ambrish Kumar Srivastava)
arising out of Case Crime no. 0860 of 2020, under Sections 406, 420 IPC,
P.S.- Kalyanpur, District Kanpur Nagar.
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, chargesheet and entire
proceeding, 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 applicant 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 15 days from today and apply for bail
and if there is no other legal impediment before court concerned, his bail
application shall be considered and decided expeditiously in accordance with
NA528 No. 38393 of 2026
2
law laid down in the case of Satender Kumar Antil Vs. Central Bureau of
Investigation and another (2022 SCC OnLine SC 825).
7. However, it is made clear that till 15 days 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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