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Allahabad High Court

SUSHEELA DEVI AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court held that there is no ground to quash the chargesheet or the cognizance order, and therefore dismissed the application.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 01‑02‑2023, the cognizance and summoning order dated 22‑10‑2024, and the entire proceedings of Case No. 907 of 2024 (State vs. Susheela Devi @ Kazri and others) relating to offences under Sections 420, 504 and 506 IPC. The High Court examined the FIR, the impugned orders and the chargesheet and found no ground for interference or for setting aside the orders. Consequently, the prayer for quashing was refused. The Court, however, allowed the applicants to surrender within three weeks and apply for bail, directing that the bail application be decided expeditiously, and ordered that no coercive action be taken against them during the three‑week period.

Issues considered

  • Whether the chargesheet, cognizance order and the proceedings can be quashed under Section 528 CrPC.
  • Whether any ground exists for the High Court to interfere with the lower court's orders.
  • Whether the applicants may be directed to surrender and seek bail pending trial.

Legislation cited

Subjects

  • Section 528 CrPC
  • quash of FIR
  • chargesheet
  • bail
  • criminal procedure
  • surrender
  • non‑interference

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 7771 of 2026

Susheela Devi And 3 Others
                                                           .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)      : Manish Kumar Pathak, Saurabh Kumar
                                Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 77
                  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 01.02.2023 along with cognizance/summoning order dated
22.10.2024 and entire proceeding of Case No.907 of 2024 (State Vs.
Susheela Devi @ Kazri and others), arising out of Case Crime No.446 of
2022, under Sections 420, 504, 506 IPC, P.S. Khair, District Aligarh,
pending in the court of learned Judicial Magistrate, Khair.

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 orders 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. 7771 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.

                                    April 20, 2026
                                    Ashish/-

                                                                                     (Saurabh Srivastava,J.)




Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad


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