Allahabad High Court
SAURABH SONKAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The court held that there were no sufficient grounds to quash the charge sheet or the cognizance order, and therefore dismissed the application.
Summary
The applicants, Saurabh Sonkar and another, filed an application under Section 528 of the Criminal Procedure Code seeking the quashing of a charge sheet dated 9‑December‑2019 and the cognizance order dated 3‑March‑2023 in Criminal Case No. 14315 of 2023, arising from FIR Crime No. 369 of 2019 under IPC sections 323, 504 and 325. The High Court examined the FIR, charge sheet and the order and found no material ground to interfere with the proceedings. Consequently, the court refused the prayer to quash the charge sheet and dismissed the application. The court, however, directed that the applicants may surrender within 15 days and apply for bail, and ordered that no coercive action be taken against them during that period. The bail application, if filed, is to be considered expeditiously in accordance with the law laid down in Satender Kumar Antil v. CBI.
Issues considered
- Whether the High Court can quash the charge sheet and cognizance order under Section 528 CrPC.
- Whether any material ground exists to interfere with the criminal proceedings initiated under IPC sections 323, 504 and 325.
- Whether the applicants may be directed to surrender and apply for bail pending the disposal of the main case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 325, 504
Subjects
- quash
- charge sheet
- Section 528 CrPC
- bail
- surrender
- IPC offences
- high court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41625 of 2025
Saurabh Sonkar And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ranu Tiwari, Vinay Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for parties.
2. This present application has been filed for seeking quashing of charge
sheet dated 9.12.2019 along with cognizance/summoning order dated
3.3.2023 and entire proceeding of Case No. 14315 of 2023 (State Vs.
Saurabh Sonkar and another), arising out of Case Crime No. 369 of 2019,
under Sections 323, 504 and 325 IPC, P.S. Badhalganj, District Gorakhpur.
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,
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 15 days from today and apply
for bail and if there is no other legal impediment before court concerned,
their bail application shall be considered and decided expeditiously in
NA528 No. 41625 of 2025
2
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 15 days from today, no coercive action
shall be taken against applicants herein in pursuance of aforesaid case.
(Saurabh Srivastava,J.)
March 19, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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