Allahabad High Court
HOSIYAR SINGH AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application to quash the charge sheet and proceedings under Section 528 CrPC is dismissed.
Summary
The applicants, Hosiyar Singh and another, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 4 September 2014, the cognizance and summoning order dated 11 October 2018, and the entire proceedings of State of U.P. v. Hosiyar Singh (Case No. 4054 of 2018) relating to an alleged offence under Section 304A IPC. The High Court examined the FIR, the impugned order and the charge sheet and found no ground warranting interference under Section 528. Consequently, the court refused the prayer to set aside the charge sheet or the proceedings. The court, however, directed that if the applicants surrender within three weeks, their bail applications will be considered expeditiously in line with the Supreme Court decision in Satender Kumar Antil v. CBI (2022). Until such surrender, no coercive action shall be taken against the applicants.
Issues considered
- Whether the High Court can quash the charge sheet and proceedings under Section 528 CrPC.
- Whether sufficient grounds exist for interference with the charge sheet and cognizance order.
- Whether bail can be granted upon surrender of the applicants.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 304A
Subjects
- Section 528 CrPC
- quash of criminal proceeding
- charge sheet
- Section 304A IPC
- bail
- coercive action
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39008 of 2026
Hosiyar Singh And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Digvijay Singh, Sudhir Kumar Singh
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 4.9.2014, cognizance/summoning order dated 11.10.2018
passed by learned Chief Judicial Magistrate, Farrukhabad as well as entire
proceedings of Case no. 4054 of 2018 (State of U.P. vs. Hosiyar Singh and
others) arising out of Case Crime no. 204 of 2014, under Section 304A IPC,
P.S.- Mohammadabad, District Farrukhabad.
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. 39008 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
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