Allahabad High Court
VINOD SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is not maintainable as there is no ground to quash the charge‑sheet or the cognizance order.
Summary
Vinod Singh filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 4 June 2015, the cognizance order dated 16 September 2015 and the entire proceedings in Criminal Case No. 8100 of 2015 arising from an FIR under Section 409 of the Indian Penal Code. The Allahabad High Court examined the FIR, charge‑sheet and the orders and found no ground on which interference could be entertained. Accordingly, the court refused to set aside the charge‑sheet or the cognizance order. The court, however, permitted the applicant to surrender within three weeks and apply for bail, directing that the bail application be decided expeditiously. It also ordered that no coercive action be taken against the applicant during the three‑week period.
Issues considered
- Whether an application under Section 528 CrPC for quashing a charge‑sheet and cognizance order is maintainable in the present facts
- Whether the High Court can set aside the charge‑sheet and cognizance order issued by the Chief Judicial Magistrate
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 409
Subjects
- quash of charge sheet
- cognizance order
- Section 409 IPC
- Section 528 CrPC
- bail
- surrender
- Allahabad High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38411 of 2026
Vinod Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajrshi Gupta, Sudhanshu Kumar
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 4.6.2015, cognizance order dated 16.9.2015 passed by learned
Chief Judicial Magistrate, Kasganj as well as entire proceeding in Criminal
Case no. 8100 of 2015 arising out of Case Crime no. 675 of 2013 under
Section 409 IPC, PS- Kasganj, District Kasganj.
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 applicant 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
accordance with law.
NA528 No. 38411 of 2026
2
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 18, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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