Allahabad High Court
FARIDA BEGAMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there is no ground to quash the charge‑sheet or the criminal proceedings and dismissed the application.
Summary
The applicant filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 28‑08‑2020, the cognizance and summoning order dated 15‑01‑2021, and the entire criminal proceedings (Criminal Case No.1307 of 2021) arising from FIR No.36 of 2020. The High Court examined the FIR, the impugned order and the charge‑sheet and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer to quash the charge‑sheet and the proceedings. The court, however, allowed the applicant to surrender within three weeks and apply for bail, directing that no coercive action be taken against him during that period and that his bail application be decided expeditiously.
Issues considered
- Whether the charge‑sheet and the criminal proceedings can be quashed under Section 528 CrPC.
Legislation cited
- Indian Penal Code — s. 114, 147, 188, 291, 341, 345, 353
Subjects
- Section 528 CrPC
- quash of criminal proceedings
- charge‑sheet
- bail
- Allahabad High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39544 of 2026
Farida Begam
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd Saqulain, Rekha P Lal
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 28.08.2020 along with cognizance/summoning order dated
15.01.2021 and the entire proceeding of Criminal Case No.1307 of 2021
(State Vs. Inamur Nastar and others) arising out of Case Crime No.36 of
2020, under sections 147, 188, 291, 353, 341, 345, and 114 IPC, P.S.
Chamanganj, District Kanpur, pending in the court of learned Chief
Judicial Magistrate- III, Kanpur Nagar, District Kanpur Nagar.
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. 39544 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.
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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