Allahabad High Court
JANARDAN YADAV AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The Court held that there was no ground to quash the charge sheet or interfere with the proceedings, and therefore dismissed the application.
Summary
Janardan Yadav and two others filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 1 September 2025, the cognizance order dated 29 October 2025, and the entire proceedings of case 7719 of 2025, which arose from alleged offences under Sections 191(2), 115(2), 352, 351(3) and 117(2) of the Indian Penal Code. The High Court examined the FIR, charge sheet and the order and concluded that no ground existed for interference under Section 528. Consequently, the court refused the prayer to quash the documents and dismissed the application. The court directed that the applicants may surrender within three weeks and apply for bail, which should be decided expeditiously in line with the Supreme Court decision in Satender Kumar Antil v. CBI. It also ordered that no coercive action be taken against the applicants during the three‑week period. The application was therefore disposed of.
Issues considered
- Whether the charge sheet and cognizance order can be quashed under Section 528 CrPC.
- Whether the High Court has jurisdiction to interfere with the criminal proceedings in the present case.
- Whether bail can be granted upon surrender of the applicants.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 117(2), 191(2), 351(3), 352
Subjects
- Section 528 CrPC
- quash of charge sheet
- bail
- high court
- criminal procedure
- IPC offences
- application disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38985 of 2026
Janardan Yadav And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Jitendra Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA appearing for the
State.
2. Present application has been preferred with the prayer to quash the charge
sheet dated 1.9.2025, cognizance/summoning order dated 29.10.2025 as well
as entire proceedings of Case no. 7719 of 2025 (State of U.P. vs. Yadvendra
alias Babloo Yadav and others) arising out of Case Crime no. 244 of 2025,
under Sections 191(2), 115(2), 352, 351(3), 117(2) BNS, P.S.- Mehandawal,
District Sant Kabir 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 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
NA528 No. 38985 of 2026
2
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. Central Bureau of Investigation and another (2022
SCC OnLine SC 825).
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 23, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
Checking your session…