Allahabad High Court
SUDHIR TYAGIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court held that there were no grounds to quash the charge‑sheet or the proceedings, and therefore dismissed the application.
Summary
The applicant, Sudhir Tyagi, filed an application under Section 528 of the Criminal Procedure Code seeking the quashing of a charge‑sheet dated 19‑08‑2024 and the cognizance order dated 15‑11‑2025 in Criminal Case No.1554 of 2025, which alleged offences under Sections 406 and 506 of the IPC. The High Court examined the FIR, charge‑sheet and the impugned orders and concluded that no ground existed for interference under Section 528. Consequently, the court refused the prayer to set aside the charge‑sheet and the entire criminal proceedings. The court, however, directed that the applicant may surrender within three weeks and apply for bail, which should be decided expeditiously in line with the precedent of Satender Kumar Antil v. CBI (2021 SCC 773). It also ordered that no coercive action be taken against the applicant during the three‑week period.
Issues considered
- Whether the High Court can quash the charge‑sheet and cognizance order under Section 528 CrPC in the present case
- Whether there are sufficient grounds for interference with the criminal proceedings under Sections 406 and 506 IPC
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 406, 506
Subjects
- quash
- Section 528 CrPC
- charge‑sheet
- bail
- criminal procedure
- Sections 406 IPC
- Section 506 IPC
- High Court
- surrender
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39532 of 2026
Sudhir Tyagi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Kumar Mishra, Girja Shanker
Sen
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 charge-
sheet dated 19.08.2024 along with cognizance/summoning order dated
15.11.2025 and the entire proceeding of Criminal Case No.1554 of 2025,
(State Vs. Sudhir Tyagi) arising out of Case Crime No.59 of 2024, under
sections 406, 506 IPC, P.S. Niwari, District Ghaziabad, pending in the
court of learned Additional Civil Judge (J.D.)-III, Ghaziabad.
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
NA528 No. 39532 of 2026
2
with a direction to the court concerned that in case, the applicant
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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