Allahabad High Court
FAIZALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court refused to quash the chargesheet and proceedings, directing the applicant to surrender within 15 days and apply for bail.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 15‑06‑2025, the cognizance and summoning order dated 07‑10‑2025, and the entire proceedings in State of U.P. v. Ballu (Criminal Case No. 21291 of 2025). The High Court examined the FIR, the impugned orders and the chargesheet and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer to quash the chargesheet and the proceedings. The court, however, directed that the applicant may surrender within 15 days and apply for bail, with the bail application to be considered expeditiously in line with the Supreme Court decision in Satender Kumar Antil v. CBI. Until the surrender, no coercive action was to be taken against the applicant. The application was therefore dismissed with the above directions.
Issues considered
- Whether the chargesheet and cognizance order can be quashed under Section 528 CrPC.
- Whether the applicant is entitled to liberty to surrender and seek bail pending trial.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 303(2)
Subjects
- Section 528 CrPC
- quash of chargesheet
- bail
- surrender
- high court
- criminal procedure
- application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39241 of 2026
Faizal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Shekhar Pal, Sunil Kumar
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. This matter is being taken up out of turn from the category of cases
which have been mentioned in the morning on account of urgency. Heard
learned counsel for parties.
2. Present application has been preferred with the prayer to quash the
chargesheet dated 15.6.2025 and cognizance/summoning order dated
7.10.2025 as well as entire proceedings of Case no. 21291 of 2025 (State of
U.P. vs. Ballu and others) arising out of Case Crime no. 52 of 2025, under
Sections 303(2) BNS, P.S.- Marhara, District Etah, pending in the court of
learned Chief Judicial Magistrate, Etah.
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 applicant 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
NA528 No. 39241 of 2026
2
the court concerned within a period of 15 days from today and apply for bail
and if there is no other legal impediment before court concerned, his 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 15 days from today, no coercive action
shall be taken against applicant herein in pursuance of aforesaid case.
(Saurabh Srivastava,J.)
September 16, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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