Allahabad High Court
PRINCE YADAV AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The application to quash the charge sheet under Section 528 of the B.N.S.S. was rejected.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash the charge sheet and proceedings in a criminal case (Case No. 380 of 2026) arising from an FIR alleging offences under Section 420 IPC and Section 66D of the Income Tax Act. The High Court examined the record and found that the FIR disclosed a cognizable offence and that the police investigation yielded material supporting the charge sheet. The Court held that, under Section 528, it is not required to assess the correctness of the allegations or the reliability of the investigation material, and therefore rejected the prayer to quash the charge sheet. The applicants also requested directions for bail, but the Court referred to the Supreme Court’s guidelines in Satendra Kumar Antil v. CBI and declined to issue specific directions, expecting the lower court to apply those guidelines. Consequently, the application was disposed of without granting any relief.
Issues considered
- Whether the High Court can quash the charge sheet and proceedings under Section 528 of the B.N.S.S.
- Whether the Court should issue specific directions for bail in the pending criminal case
Legislation cited
- B.N.S.S. — s. 528
- Income Tax Act — s. 66D
- Indian Penal Code — s. 420
Subjects
- quash of charge sheet
- Section 528
- bail
- cognizable offence
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42121 of 2026
Prince Yadav And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State
and perused the record.
2. This application has been filed for quashing of the proceedings of Case
No. 380 of 2026 (State Vs. Prince Yadav_ arising out of Case Crime No.
0229 of 2025 under Section 420 I.P.C., and 66 D I.T. Act, Police Station
Dadon, District Alilgarh pending before Additional Chief Judicial
Magistrate, Atrauli, District Aligarh and also to quash the charge sheet
dated 25.12.2025 as well as cognizance/summoning order dated
09.07.2026 passed in the aforesaid case.
3. On perusal of the record, the Court finds that the allegations made in
the first information report disclose commission of a cognizable offence
and those allegations have found support from the material collected
during the course of investigation on the basis whereof the police has laid
a charge sheet against the applicants.
4. This Court in exercise of its power under section 528 of B.N.S.S. is not
required to assess the correctness of the allegation and the reliability of
the material collected during the course of investigation, the prayer to
quash the charge sheet and the consequential proceeding is rejected.
5. At this stage, the learned counsel for the applicants submits that the
applicants have so far not been arrested in the above case and the police is
seeking to arrest the applicants and there may be coercive processes
issued against the applicants by the court concerned therefore, some
direction may be issued to the court concerned for consideration of the
bail prayer of the applicants.
6. As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of
Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of
2021, decided on 07.10.2021) has already laid down guidelines for grant
NA528 No. 42121 of 2026
2
of bail, without fettering the discretion of the courts concerned and the
statutory provisions governing consideration in grant of bail, no specific
direction need be issued by this Court as it is expected that the court
concerned will take into consideration the necessary guidelines already
issued by the Apex court.
7. With the aforesaid observations, the application is disposed off.
(Dr. Gautam Chowdhary,J.)
September 30, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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