Raj Srivastava and 3 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Raj Srivastava and 3 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing refused; applicants granted liberty to surrender before the court concerned within three weeks and apply for bail, with the bail application to 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 applicants for three weeks from the date of the order.

Issue for consideration

Whether the charge-sheet dated 12.09.2022, the cognizance/summoning order dated 05.09.2024 and the entire criminal proceedings in Case No.129 of 2024 ought to be quashed under the present application.

Court's answer

On perusal of the record, the Court found this not to be a case requiring its interference; no ground was available in the application on the basis of which the impugned charge-sheet, cognizance/summoning order and entire criminal proceedings could be set aside.

Ratio / Principle

The application was finally disposed of with a direction that if the applicants surrender before the court concerned within three weeks and apply for bail, their 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.

Key takeaways

Till three weeks 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

Criminal quashing — Application under S. 528 BNSS seeking quashing of charge-sheet dated 12.09.2022, cognizance/summoning order dated 05.09.2024 and entire proceedings of Case No.129 of 2024 (State Vs. Koshlendra and Others) under sections 452, 323, 504, 506, 308 IPC, arising out of Case Crime No.19 of 2022, P.S. Meja, District Prayagraj, pending before learned ACJM, Allahabad — Held, on perusal of the record no ground for interference was made out and the prayer was refused — Application disposed of with liberty to the applicants to surrender within three weeks and apply for bail, the bail application to 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 applicants till three weeks from the date of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 19191 of 2026

Raj Srivastava And 3 Others

Versus .....Applicant(s)
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for the applicants and learned AGA for the State.

The instant application has been preferred for seeking quashing of charge-sheet dated 12.09.2022, cognizance/summoning order dated 05.09.2024 and the entire proceeding of Case No.129 of 2024 (State Vs. Koshlendra and Others) under sections 452, 323, 504, 506, 308 IPC, arising out of Case Crime No.19 of 2022, P.S. Meja, District- Prayagraj, pending in the court of learned ACJM, Allahabad.

On perusal of entire record appended with the 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 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 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 objection.

NA528 No. 19191 of 2026

2

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 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 .

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 11, 2026 Saif

(Saurabh Srivastava,J.)

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