Allahabad High Court
MAHENDRA PAL SINGH AND 7 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that no ground existed for interference under Section 528 CrPC and therefore refused to quash the charge‑sheet or the proceedings.
Summary
The applicants Mahendra Pal Singh and seven others filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 16‑02‑2026, the cognizance and summoning order dated 27‑04‑2026, and the entire criminal proceedings in Criminal Case No. 469 of 2026. They contended that the proceedings were improper and asked the High Court to set aside them. The Court examined the record and found no ground for interference under Section 528, thereby refusing to quash the charge‑sheet or the proceedings. The Court directed that if the applicants surrender within three weeks and file bail applications, those applications shall be decided expeditiously, citing Satender Kumar Antil v. CBI. It also ordered that no coercive action be taken against the applicants during the three‑week period, and dismissed the application.
Issues considered
- Whether the High Court can quash the charge‑sheet, cognizance order and the entire criminal proceedings under Section 528 CrPC.
- Whether there exist sufficient grounds for interference with the criminal proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 115(2), 118(1), 131, 191(2), 351(3), 352, 528
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- charge-sheet
- bail
- high court
- criminal procedure
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39089 of 2026
Mahendra Pal Singh And 7 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhanshu Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. On the request of learned counsel for applicants, this matter is
being taken up out of turn considering the urgency.
2. Heard learned counsel for the applicants and learned AGA for
the State.
3. The instant application has been preferred for seeking quashing
of charge-sheet dated 16.02.2026, cognizance/summoning order
dated 27.04.2026 passed by learned Additional JSCC, Bareilly
and the entire proceeding of Criminal Case No.469 of 2026 (State
vs. Mahendra Pal and Others) under sections 191(2), 115(2), 352,
351(3), 131, 118(1) BNS, arising out of Case Crime No.455 of
2025, P.S. Fatehganj West, District- Bareilly.
4. On perusal of entire record appended with the instant
application, 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 charge-sheet, cognizance/summoning order and entire
criminal proceedings of the said case, can be set aside.
5. Accordingly, the prayer sought through the instant application,
is refused.
6. Lastly, learned counsel for applicants submitted that liberty
may be granted to applicants to surrender before the court
NA528 No. 39089 of 2026
2
concerned and apply for bail to which learned AGA has no
objection.
7. 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 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.
8. 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 16, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
Checking your session…