Allahabad High Court
CHHOTU @ AKHILESH AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application for quashing the charge‑sheet and proceedings is dismissed; the proceedings stand.
Summary
The petitioners, Chhotu @ Akhilesh and three others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 11‑05‑2026, the cognizance order dated 14‑08‑2026, and the entire criminal proceedings (Case No. 12177 of 2026) arising out of Crime No. 57 of 2026. The High Court examined the FIR, the impugned order and the charge‑sheet and found no ground for interference under the applicable provisions. Consequently, the court refused the prayer for quashing and dismissed the application. The court, however, directed that if the petitioners surrender within three weeks, their bail applications should be considered expeditiously in line with the precedent of Satender Kumar Antil v. CBI (2021 SCC 773). It also ordered that no coercive action be taken against the petitioners during the three‑week period.
Issues considered
- Whether the High Court can quash the charge‑sheet and the criminal proceedings under Section 528 CrPC on the facts presented.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 117(2), 191(2), 191(3), 351(2), 352
Subjects
- quash
- charge-sheet
- Section 528 CrPC
- bail
- criminal procedure
- High Court
- FIR
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38991 of 2026
Chhotu @ Akhilesh And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Kumar Gupta, Laxmi
Shankar Yadav
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 11.05.2026, cognizance/summoning order dated 14.08.2026 and
the entire proceeding of Case No.12177 of 2026, arising out of Case Crime
No.57 of 2026, under sections 191(2), 191(3), 115(2), 352, 351(2), 117(2)
BNS, P.S. Kalyanpur, District Fatehpur, pending in the court of learned
Judicial Magistrate, Fatehpur.
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 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. 38991 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. 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 30, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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