Allahabad High Court
RAKESH KUMAR AND 8 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The application for quashing the chargesheet and proceedings is dismissed.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking to quash the chargesheet dated 11‑01‑2026, the cognizance order dated 07‑02‑2026, and the entire proceedings of Case No. 400 of 2026 arising from Crime No. 566 of 2025. The FIR alleged offences under Sections 296, 74, 115(2), 351(3), 191(2), 333 and 352 of the B.N.S. Act and Sections 7 and 8 of the POCSO Act. The High Court examined the FIR, the chargesheet and the injury report and found no ground for interference or for setting aside the proceedings. Consequently, the court refused the prayer for quashing and disposed of the application. However, the court directed that the applicants may surrender within four weeks and apply for bail, which shall be considered expeditiously, and ordered that no coercive action be taken against them during that period.
Issues considered
- Whether the High Court can quash the chargesheet and proceedings under Section 528 CrPC on the facts presented
- Whether there exist sufficient grounds for interference with the cognizance and summons order
Legislation cited
- B.N.S. Act — s. 115(2), 191(2), 296, 333, 351(3), 352, 74
- Code of Criminal Procedure, 1973 — s. 528
- Protection of Children from Sexual Offences (POCSO) Act — s. 7, 8
Subjects
- Section 528 CrPC
- quash of FIR
- chargesheet
- POCSO Act
- bail
- high court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9894 of 2026
Rakesh Kumar And 8 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Neetu Mishra, Sanskar Gaur, Satanand
Mishra, Vikas Shukla
Counsel for Opposite Party(s) : G.A., Kuldeep Tripathi, Shiv Shanker
Mishra
Court No. - 81
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for applicants and learned AGA appearing for
the State.
2. This present application has been filed for seeking quashing of
chargesheet dated 11.01.2026 along with cognizance/summoning order
dated 07.02.2026 and entire proceeding of Case No. 400 Of 2026, arising
out of Case Crime No. 566 Of 2025, under Sections 296, 74, 115(2),
351(3), 191(2), 333, 352 of B.N.S. and Section 7/8 of POCSO Act, P.S.
Bhojpur, District Moradabad, pending in the court of Special Judge,
POCSO Act, Court No. 03, Moradabad.
3. On perusal of the narration of FIR as well as impugned order and
chargesheet along with injury report, 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.
NA528 No. 9894 of 2026
2
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 four 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 four weeks from today, no coercive
action shall be taken against applicants herein in pursuance of aforesaid
case.
(Vivek Kumar Singh,J.)
March 12, 2026
A.P. Pandey
Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad
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