Allahabad High Court
TUFANI YADAV AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there is no ground to interfere with the charge sheet and proceedings, and therefore refused to quash them.
Summary
The applicants, Tufani Yadav and three others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 21‑06‑2024, the cognizance and summoning order dated 31‑07‑2024, and the entire proceedings in case No. 9777 of 2024 relating to offences under Sections 323, 504, 506 and 325 IPC. The High Court examined the FIR, the impugned order and the charge sheet and found no ground for interference under Section 528. Consequently, the court refused the prayer to quash the charge sheet and the proceedings. The court, however, directed that the applicants may surrender within three weeks and apply for bail, which shall be decided expeditiously, and ordered that no coercive action be taken against them during that period. The application was therefore dismissed.
Issues considered
- Whether the charge sheet, cognizance order and the entire criminal proceedings can be quashed under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- quash of criminal proceedings
- Section 528 CrPC
- charge sheet
- bail
- coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39020 of 2026
Tufani Yadav And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajeet 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 21.6.2024, cognizance/summoning order dated 31.7.2024 passed
by learned Chief Judicial Magistrate, Deoria as well as entire proceedings of
Case no. 9777 of 2024 (State of U.P. vs. Tufani Yadav and others) arising
out of Case Crime no. 148 of 2024, under Sections 323, 504, 506, 325 IPC,
P.S.- Rampur Karkhana, District Deoria.
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. 39020 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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