Allahabad High Court
RANDHIRversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is dismissed; the chargesheet and proceedings are not quashed.
Summary
The applicant, Randhir, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 04.01.2024, the summoning order dated 12.12.2024, and the entire proceedings of a case involving offences under Sections 323, 504, 506 and 308 of the IPC. He had already obtained bail for the first three offences but not for the Section 308 charge, which was added after a supplementary medico‑legal report indicating grievous injuries. The High Court examined the FIR, the impugned orders and the chargesheet and found no ground to interfere or set aside the proceedings. Consequently, the application for quashing was refused. However, the Court directed that if the applicant surrenders within three weeks and applies for bail under Section 308 IPC, his bail application will be considered expeditiously, and no coercive action will be taken against him during that period.
Issues considered
- Whether the chargesheet, summoning order and the entire proceedings can be quashed under Section 528 CrPC.
- Whether the applicant is entitled to bail for the offence under Section 308 IPC pending surrender.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 308, 323, 504, 506
Subjects
- quash
- chargesheet
- bail
- Section 528 CrPC
- IPC offences
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39592 of 2026
Randhir
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Agrawal
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA.
2. The present application has been preferred for seeking quashing of
chargesheet dated 04.01.2024 and summoning order dated 12.12.2024 as
well as the entire proceedings of Case No.123784 of 2024, arising out of
Case Crime No.281 of 2023, under Sections 323, 504, 506, 308 IPC, P.S.
Mogarra, District Mathura, pending in the court of learned Additional Civil
Judge (J.D.), Court No.2, Mathura.
3. At the very outset, learned counsel for applicant informed that applicant
has already extended bail in pursuance to sections 323, 504, 506 IPC, vide
order dated 04.12.2023, but not in pursuance to Section 308 IPC, which has
been appended after receiving supplementary medico legal examination
report, wherein concerned doctor determined that all the injuries were
grievous in nature.
4. 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 along with chargesheet
and entire 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 applicant has submitted that liberty may be
granted to applicant to surrender before the court concerned and apply for
NA528 No. 39592 of 2026
2
bail in pursuance to Section 308 IPC, 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 applicant surrenders
before the court concerned within a period of three weeks from today and
apply for bail in pursuance to Section 308 IPC, his bail application shall be
considered and decided expeditiously in accordance with law.
8. 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 18, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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