Allahabad High Court
MAHENDRA PRATAP AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court refused to quash the charge‑sheet and the proceedings, dismissing the application.
Summary
The applicants, Mahendra Pratap and five others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge‑sheet dated 25‑08‑2024, the cognizance order dated 07‑04‑2026, and the entire criminal proceedings (S.T. No.1441 of 2026) pending before the Special Judge, SC/ST Act, Gorakhpur. The High Court examined the FIR, the impugned order and the charge‑sheet 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 proceedings. However, the court directed that the applicants may surrender within three weeks and apply for bail, and that no coercive action be taken against them during that period, with bail applications to be decided expeditiously as per Satender Kumar Antil v. CBI (2021). The application was therefore dismissed.
Issues considered
- Whether the High Court can quash the charge‑sheet and the criminal proceedings under Section 528 CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- quash
- charge-sheet
- Section 528 CrPC
- bail
- High Court
- criminal procedure
- surrender
- coercive action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39612 of 2026
Mahendra Pratap And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Peeyush Kumar, Ram Chandra
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned A.G.A. appearing for
the State.
2. The present application has been filed for seeking quashing of charge-
sheet dated 25.08.2024, cognizance/summoning order dated 07.04.2026
and the entire proceeding of S.T. No.1441 of 2026 of 2025 (State Vs.
Mahendra Pratap and others), arising out of Case Crime No.208 of 2024,
under sections 323, 336, 504, 506 IPC, P.S. Shahpur, District Gorakhpur,
pending in the court of learned Special Judge SC/ST Act, Gorakhpur.
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 applicants submitted that liberty may be
granted to applicants 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 applicants
NA528 No. 39612 of 2026
2
surrender before the court concerned within a period of three weeks from
today and apply for bail, their 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 applicants 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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