Smt Brajesh Kumari and Another vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

Smt Brajesh Kumari and Another vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing refused; application disposed of with direction that if the applicants surrender before the court concerned within 15 days and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law; no coercive action against the applicants till 15 days.

Issue for consideration

Whether the charge-sheet dated 29.10.2009, cognizance/summoning order dated 08.04.2010 and the entire proceedings of Case No.1260 of 2025 arising out of Case Crime No.1106 of 2009 are liable to be quashed under Section 528 BNSS.

Court's answer

On perusal of the record, the Court found no ground in the application on the basis of which the impugned charge-sheet, cognizance/summoning order and the entire proceedings could be set aside; no interference was required.

Ratio / Principle

The prayer sought through the application was refused.

Key takeaways

The application was finally disposed of with a direction that if the applicants surrender before the court concerned within 15 days and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law.ratio¶14
It was made clear that till 15 days from the date of the order, no coercive action shall be taken against the applicants in pursuance of the aforesaid case.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) refused to quash the charge-sheet dated 29.10.2009, the cognizance/summoning order dated 08.04.2010 and the entire proceedings of Case No.1260 of 2025 (State vs. Gorelal and Others) arising out of Case Crime No.1106 of 2009 under sections 419, 420, 467, 468, 471 IPC, P.S. Bhogaon, District Varanasi, pending before the learned ACJ (JD), Court No.8, Mainpuri, holding that no ground for interference under Section 528 BNSS was made out. The application under Section 528 BNSS was disposed of with a direction that if the applicants surrendered within 15 days and applied for bail, the bail application would be considered and decided expeditiously in accordance with law, and it was directed that no coercive action be taken against the applicants for 15 days.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12135 of 2026

Smt Brajesh Kumari And Another

Versus	.....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Bhaiya Ram
Counsel for Opposite Party(s)	: G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

This case has been taken up in the mentioned category. Heard learned counsel for the applicants and learned A.G.A. for the State.

The present application under Section 528 BNSS has been filed for quashing charge-sheet dated 29.10.2009, cognizance/summoning order dated 08.04.2010 and the entire proceedings of Case No.1260 of 2025 (State vs. Gorelal and Others) arising out of Case Crime No.1106 of 2009, under sections 419, 420, 467, 468, 471 IPC, P.S. Bhogaon, DistrictVaranasi, pending in the court of learned ACJ (JD), Court No.8, Mainpuri.

On perusal of entire record appended along with instant application, 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 charge-sheet, cognizance/summoning order and the entire proceedings, can be set aside.

Accordingly, the prayer sought through the instant application, is refused.

Lastly, learned counsel for applicants submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no

NA528 No. 12135 of 2026

2

objection.

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, their bail application shall be considered and decided expeditiously in accordance with law.

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.

May 12, 2026 Saif

(Saurabh Srivastava,J.)

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad