Allahabad High Court
RAMESHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court refused to quash the proceedings, holding that no ground for interference existed.
Summary
Ramesh filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the entire criminal proceedings (case no. 55514 of 2026) arising from a FIR under IPC sections 115(2), 333, 352, 351(2) and Section 110. The High Court examined the record and held that no ground existed for interference with the charge‑sheet, cognizance order or the ongoing trial. Consequently, the court refused the prayer to set aside the proceedings. However, the court directed that if the applicant surrenders within three weeks and applies for bail, his bail application must be dealt with expeditiously, citing Satender Kumar Antil v. CBI. The court also ordered that no coercive action be taken against the applicant during the three‑week period.
Issues considered
- Whether the High Court can quash the charge‑sheet, cognizance order and the entire criminal proceedings in the underlying case.
- Whether the applicant is entitled to liberty to surrender and obtain bail pending the disposal of the application.
Legislation cited
- Code of Criminal Procedure — s. 110
- Indian Penal Code — s. 115(2), 333, 351(2), 352
Subjects
- quash
- criminal proceedings
- charge sheet
- bail
- surrender
- High Court
- Section 528
- urgent application
- interference
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38604 of 2026
Ramesh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Vinod Singh
Counsel for Opposite Party(s) : Bindeshwari Prasad Mishra,
G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. On the request of learned counsel for applicant, this matter is
being taken up out of turn considering the urgency.
2. Heard learned counsel for the applicant and learned AGA for
the State.
3. The instant application has been preferred for seeking quashing
of the entire proceedings of Case no.55514 of 2026 (State Vs.
Shankar and Others) arising out Case Crime No.163 of 2026,
under Sections 115(2), 333, 352, 351(2), 110 BNS, Police
Station- Goverdhan, District- Mathura, pending before learned
court of Additional Chief Judicial Magistrate, Court No.4,
Mathura, including charge sheet dated 16.04.2026 and
cognizance/ summoning order dated 26.05.2026.
4. On perusal of entire record appended with the instant
application, 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 charge-sheet, cognizance/summoning order and entire
criminal proceedings of the said case, can be set aside.
5. Accordingly, the prayer sought through the instant application,
is refused.
NA528 No. 38604 of 2026
2
6. Lastly, learned counsel for applicant 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.
7. In view of the aforesaid, the instant application is finally
disposed of with a direction to the court concerned that in case,
the applicant surrenders 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 laid down in the case of Satender Kumar
Antil Vs. C.B.I. and Another, reported in 2021 (10) SCC 773.
8. 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.
September 21, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
Checking your session…