Allahabad High Court
SMT GEETA MAURYAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there is no ground to interfere and dismissed the application for quashing.
Summary
Smt Geeta Maurya filed an application under Section 528 of the Criminal Procedure Code seeking to quash a chargesheet dated 19‑11‑2025 and the cognizance order dated 17‑03‑2026 in State v. Surendra Kumar (Case No.04 of 2009), which arose from a 2005 crime involving offences under Sections 109, 420, 467, 468, 471 and 120‑B IPC. The High Court examined the FIR, the chargesheet and the order and found no ground for interference under Section 528. Consequently, the court refused the prayer to set aside the chargesheet and the proceedings. However, the court permitted the applicant to surrender before the concerned court within three weeks and to apply for bail, with a direction that no coercive action be taken against her during that period. The application was therefore dismissed with the liberty to seek bail.
Issues considered
- Whether the chargesheet and cognizance order in State v. Surendra Kumar can be quashed under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 109, 120-B, 420, 467, 468, 471
Subjects
- Section 528
- quash of chargesheet
- Criminal Procedure Code
- Indian Penal Code
- bail
- coercive action
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39692 of 2026
Smt Geeta Maurya
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Babu Lal Ram, Ram Singh Kushwaha
Counsel for Opposite Party(s) :
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA appearing for the
State.
2. This present application has been filed for seeking quashing of
chargesheet dated 19.11.2025 along with cognizance/summoning order
dated 17.03.2026 and entire proceeding of Case No.04 of 2009 (State Vs.
Surendra Kumar and others), arising out of Case Crime No.280 of 2005,
under Sections 109, 420, 467, 468, 471, 120-B IPC, P.S. Colonelganj,
District Prayagraj, pending in the court of learned Special Chief Judicial
Magistrate, Prayagarj.
3. 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.
4. Accordingly, the prayer sought through the instant application, is
refused.
5. Lastly, learned counsel for applicant has 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. 39692 of 2026
2
surrenders before the court concerned within a period of three weeks from
today and applies for bail, her 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.
(Saurabh Srivastava,J.)
September 18, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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