Allahabad High Court
KRISHNA MURARIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is not maintainable and the chargesheet and cognizance order cannot be set aside.
Summary
Krishna Murari filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 2‑April‑2025 and the cognizance/summoning order dated 8‑April‑2026 in Case No. 7493 of 2026 (Crime No. 64 of 2025). The High Court examined the FIR, the impugned order and the chargesheet and found no ground for interference under Section 528. Consequently, the court refused the prayer to set aside the chargesheet and the proceedings. The court, however, directed that the applicant may surrender within three weeks and apply for bail, which will be considered expeditiously, citing Satender Kumar Antil v. CBI (2022). It also ordered that no coercive action be taken against the applicant during the three‑week period.
Issues considered
- Whether the application under Section 528 CrPC for quashing the chargesheet and cognizance order is maintainable.
- Whether there are sufficient grounds to set aside the chargesheet and the entire proceeding.
- Whether the court can conditionally direct surrender and bail pending the disposal of the application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 115, 117, 191, 528
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- cognizance order
- bail
- high court application
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39034 of 2026
Krishna Murari
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Nirbhay Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA appearing for the
State.
2. Present application has been preferred with the prayer to quash the
chargesheet dated 2.4.2025 and cognizance/summoning order dated 8.4.2026
as well as entire proceedings of Case no. 7493 of 2026 arising out of Case
Crime no. 64 of 2025, under Sections 191(2), 191(3), 115(2), 117(2) BNS,
P.S.- Amanpur, District Kasganj.
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 applicant 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 applicant surrender 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
NA528 No. 39034 of 2026
2
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 applicant 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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