Allahabad High Court
AJAY PANDEYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application for quashing the chargesheet is dismissed as no ground for interference exists.
Summary
The applicant, Ajay Pandey, filed an application under Section 528 of the Criminal Procedure Code seeking to quash a chargesheet dated 13 March 2025 in a case pending before the ACJM Court in Deoria, which alleged offences under Sections 115(2), 191(2), 352, 351(3) and 324(4) of the Indian Penal Code. The High Court examined the FIR, the impugned order and the chargesheet and concluded that no ground existed for the Court to interfere with the proceedings. Consequently, the Court refused the prayer to set aside the chargesheet. The Court, however, directed that if the applicant surrenders within three weeks and applies for bail, the bail application will be considered expeditiously, citing the Supreme Court decision in Satender Kumar Antil v. CBI. It also ordered that no coercive action be taken against the applicant during the three‑week period.
Issues considered
- Whether the chargesheet can be quashed under Section 528 of the Criminal Procedure Code.
- Whether there are sufficient grounds for the High Court to interfere with the proceedings of the lower court.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 115(2), 191(2), 324(4), 351(3), 352
Subjects
- quash of chargesheet
- Section 528 CrPC
- bail
- coercive action
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 7613 of 2026
Ajay Pandey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kundan Mishra
Counsel for Opposite Party(s) : Vikash Kumar Tiwari, G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA appearing for the
State.
2. This application has been filed for seeking quashing of chargesheet
dated 13.03.2025 in Case No.4100 of 2025 (State Vs. Ajay Pandey and
others), arising out of Case Crime No.10 of 2025, under Sections 115(2),
191(2), 352, 351(3), 324(4) of BNS, P.S. Surauli, District Deoria, pending
in the court of A.C.J.M. Court No.19, 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
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. 7613 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.
May 7, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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