Allahabad High Court
NARENDRA PAL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 528 CrPC is not maintainable; the chargesheet and the proceedings stand.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 17‑03‑2026, the cognizance and summoning order dated 08‑06‑2026, and the entire proceedings of Criminal Case No. 772 of 2026 arising from FIR under Section 352. The High Court examined the FIR, the impugned orders and the chargesheet and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer for quashing. The court, however, allowed the applicants to surrender before the trial court within three weeks and to apply for bail, directing that no coercive action be taken against them during that period. The bail application, if filed, must be decided expeditiously in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI.
Issues considered
- Whether the application under Section 528 CrPC for quashing the chargesheet, cognizance order and the entire criminal proceedings is maintainable.
- Whether any material exists to set aside the chargesheet and the cognizance/summoning order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 352
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- cognizance order
- bail
- surrender
- criminal procedure
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40369 of 2026
Narendra Pal And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Lalit Kumar Misra
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 17.03.2026 along with cognizance/summoning order dated
08.06.2026 and entire proceeding of Criminal Case No.772 of 2026 (State
Vs. Narendra Pal and others), arising out of Case Crime No.686 of 2025,
under Section 352 BNS, P.S. Nawabganj, District Bareilly, pending
before learned court concerned.
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
surrender before the court concerned within a period of three weeks from
today and apply for bail, their bail application shall be considered and
NA528 No. 40369 of 2026
2
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 22, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
Checking your session…