Allahabad High Court
MOHITversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there is no ground to quash the cognizance/summoning order and the criminal proceedings must continue.
Summary
The applicant, Mohit, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the cognizance and summoning order dated 25‑07‑2025 and the entire criminal proceedings in Criminal Case No. 18188 of 2025 (State v. Somwati & others). 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 set aside the order and the proceedings. However, the court directed that the applicant may surrender within three weeks and apply for bail, and that no coercive action be taken against him during that period. The bail application, if filed, must be decided expeditiously in line with the precedent of Satender Kumar Antil v. CBI.
Issues considered
- Whether the cognizance/summoning order dated 25‑07‑2025 can be quashed under Section 528 CrPC.
- Whether any ground exists for the High Court to interfere with the criminal proceedings in Criminal Case No. 18188 of 2025.
- Whether the applicant may be directed to surrender and apply for bail pending the continuation of the proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- cognizance order
- bail
- coercive action
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39485 of 2026
Mohit
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present application has been filed for seeking quashing of
cognizance/summoning order dated 25.07.2025 and the entire proceeding
of Criminal Case No.18188 of 2025 (State Vs. Somwati and others)
arising out of Case Crime No.72 of 2025, under sections 115(2), 352,
351(2), 118(1), 110 of BNS, P.S. Bisaoli, District Budaun, pending in the
court of learned Civil Judge (S.D.), FTC, Budaun.
3. On perusal of the narration of FIR as well as impugned order and
charge-sheet, 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 along with
charge-sheet and entire criminal proceedings of the said case, can be set
aside.
4. Accordingly, the prayer sought through the instant application, is
refused.
5. Lastly, learned counsel for applicant 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
NA528 No. 39485 of 2026
2
surrenders 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 accordance with law laid down in the case of
Satender Kumar Antil Vs. C.B.I. and Another, reported in 2021 (10)
SCC 773.
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.
September 17, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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