Priyam Mishra vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Priyam Mishra vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing refused; application disposed of with liberty to the applicant to surrender before the court concerned within three weeks and apply for bail, with a direction that the bail application be considered and decided expeditiously in accordance with Satender Kumar Antil Vs. C.B.I. and Another, (2021) 10 SCC 773; no coercive action against the applicant till three weeks from the date of the order.

Issue for consideration

Whether the chargesheet dated 06.06.2023, the cognizance/summoning order dated 16.03.2026 and the entire proceedings of Case No.6808 of 2026 arising out of Case Crime No.60 of 2023 ought to be quashed.

Court's answer

On perusal of the FIR narration, the impugned order and the chargesheet, this Court finds no case for interference and no ground on which the impugned order, charge-sheet and entire criminal proceedings can be set aside.

Ratio / Principle

The prayer sought through the instant application is refused.

Key takeaways

The application is finally disposed of with liberty to the applicant to surrender before the court concerned within three weeks and apply for bail; the bail application shall be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. C.B.I. and Another, (2021) 10 SCC 773.ratio¶13
Till three weeks from the date of the order, no coercive action shall be taken against the applicant in pursuance of the aforesaid case.ratio¶16

Detailed headnote1 paragraphs

Quashing application under S. 528 BNSS challenging chargesheet dated 06.06.2023 and cognizance/summoning order dated 16.03.2026 in Case No.6808 of 2026 (State Vs. Rajesh Mishra and others), arising out of Case Crime No.60 of 2023 under sections 452, 323, 504, 506, 325 IPC, P.S. Aliganj, District Etah: HELD, on perusal of the FIR narration, impugned order and chargesheet, no ground for interference is made out; prayer refused. Application disposed of with liberty to the applicant to surrender within three weeks and apply for bail, the bail application to be decided expeditiously in accordance with Satender Kumar Antil Vs. C.B.I. and Another, (2021) 10 SCC 773; no coercive action against the applicant till three weeks from the date of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 15568 of 2026

Priyam Mishra

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Upendra Upadhyay
Counsel for Opposite Party(s)	: G.A.
Court No.- 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicant and learned A.G.A. appearing for the State.

The present application has been filed for seeking quashing of chargesheet dated 06.06.2023, cognizance/summoning order dated 16.03.2026 and the entire proceeding of Case No.6808 of 2026 (State Vs. Rajesh Mishra and others), arising out of Case Crime No.60 of 2023, under sections 452, 323, 504, 506, 325 IPC, P.S. Aliganj, District Etah, pending in the court of learned Additional Civil Judge (Senior Division)/ A.C.J.M. Court No.18, Etah.

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 charge-sheet and entire criminal proceedings of the said case, can be set aside.

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

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

In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrender before the court concerned within a period of three weeks from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. C.B.I. and Another , reported in 2021 (10) SCC 773 .

NA528 No. 15568 of 2026

2

However, it is made clear that till three weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case.

May 8, 2026 Ashish/-

(Saurabh Srivastava,J.)

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