Allahabad High Court
ARVIND AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that no ground exists to interfere with the chargesheet or the proceedings, and therefore dismissed the application for quashing.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 25.05.2026, the cognizance and summoning order dated 06.07.2026, and the entire proceedings in Case No. 9523 of 2026 arising from FIR under various IPC sections. The High Court examined the FIR, the impugned order and the chargesheet and found no ground for interference under Section 528. Consequently, the court refused to set aside the chargesheet or the proceedings. The court, however, directed that the applicants may surrender within three weeks and apply for bail, which will be considered expeditiously, and ordered that no coercive action be taken against them during that period. The application was therefore dismissed.
Issues considered
- Whether the chargesheet, cognizance order and the entire proceedings can be quashed under Section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 110, 115(2), 117(2), 125, 131, 191(2), 191(3), 333, 351(2), 352
Subjects
- Section 528 CrPC
- quashing of FIR
- chargesheet
- bail
- Allahabad High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40331 of 2026
Arvind And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pusp Raj Singh, Radha Yadav, Sanjeev
Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA appearing for
the State.
2. This application has been filed for seeking quashing of chargesheet
dated 25.05.2026 along with cognizance/summoning order dated
06.07.2026 and entire proceeding of Case No.9523 of 2026 (State Vs.
Arvind and others), arising out of Case Crime No.117 of 2026, under
Sections 191(2), 191(3), 131, 115(2), 352, 351(2), 333, 110, 125, 117(2)
BNS, P.S. Tarkulwa, District Deoria, pending in the court of learned Civil
Judge (S.D.)/FTC-Ist/Additional Chief Judicial Magistrate, Deoria.
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 applicants has 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. 40331 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. Central Bureau of Investigation and
another (2022 SCC OnLine SC 825).
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.
(Saurabh Srivastava,J.)
September 29, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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