Allahabad High Court
SURENDER SINGH AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there were no sufficient grounds to quash the charge‑sheet and proceedings, and therefore refused 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 29‑12‑2024, the cognizance and summoning order dated 24‑07‑2026, and the entire criminal proceedings in Case No. 3258 of 2026 arising from FIR No. 597 of 2024. The High Court examined the FIR, the impugned order and the charge‑sheet and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer to quash the charge‑sheet and dismissed the application. The court, however, directed that if the applicants surrender before the concerned court within three weeks and apply for bail, their bail application shall be considered expeditiously, citing Satender Kumar Antil v. CBI. Additionally, the court ordered that no coercive action be taken against the applicants during the three‑week period.
Issues considered
- Whether the High Court can quash the charge‑sheet and the entire criminal proceedings under Section 528 CrPC in the present case.
- Whether the applicants are entitled to any relief such as direction to surrender and expedited bail consideration.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- quash
- charge-sheet
- Section 528 CrPC
- bail
- High Court
- criminal proceedings
- application
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38513 of 2026
Surender Singh And Another
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Danish, Rajiv Sisodia
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned A.G.A. appearing for
the State.
2. The present application has been filed for seeking quashing of charge-
sheet dated 29.12.2024, cognizance/summoning order dated 24.07.2026
and the entire proceeding of Case No.3258 of 2026, (State Vs. Surendra
Singh and others), arising out of Case Crime No.597 of 2024, under
sections 351(2), 115(2), 352, 117(2) BNS, P.S. Najibabad, District Bijnor,
pending in the court of learned Civil Judge (Junior Division)/Judicial
Magistrate, Najibabad, District Bijnor.
3. On perusal of the narration of FIR as well as impugned order and
charge-sheet, 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
charge-sheet 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.
6. In view of the aforesaid, the instant application is finally disposed of
NA528 No. 38513 of 2026
2
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 laid down in the case of
Satender Kumar Antil Vs. C.B.I. and Another, reported in 2021 (10)
SCC 773.
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 21, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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