Jitendra @ Jitendra Kumar Yadav and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Jitendra @ Jitendra Kumar Yadav and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of: quashing declined; applicants directed to surrender within 30 days, bail application (if any) to be disposed of expeditiously per Satender Kumar Antil guidelines, and no arrest for 30 days or till surrender, whichever earlier.

Issue for consideration

Whether the prosecution arising out of Case Crime No. 264 of 2010 (order dated 11.11.2025 in Criminal Case No. 740 of 2014, Old No. 346 of 2011) discloses no offence against the applicants and was instituted with mala fide intention to cause harassment, warranting quashing under Section 482 Cr.P.C. +1 more

Court's answer

On perusal of the material on record, it cannot be said at this stage that no offence is made out against the applicants; only a prima facie view is taken in the light of the law laid down by the Supreme Court in R.P. Kapur, State of Haryana Vs. Bhajan Lal, State of Bihar Vs. P.P.Sharma and Zandu Pharmaceutical Works Ltd.

Ratio / Principle

All submissions at the bar relate to disputed questions of fact (including the disputed defence of the accused) which cannot be adjudicated under Section 482 Cr.P.C. at this stage.

Key takeaways

Accepting the alternative prayer, the applicants are directed to surrender before the Trial Court within 30 days; if they apply for bail, their bail application shall be disposed of expeditiously by the Trial Court in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil vs CBI (2021 SCC Online SC 922).ratio¶17
For 30 days from the order, or until the applicants surrender before the Trial Court, whichever is earlier, the applicants shall not be arrested in the said case.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Divesh Chandra Samant, J. (December 16, 2025): Application under S. 482 Cr.P.C. by Jitendra @ Jitendra Kumar Yadav and 3 others to quash the order dated 11.11.2025 of the Civil Judge(JD), Tanda, Ambedkar Nagar in Criminal Case No. 740 of 2014 (Old No. 346 of 2011) arising from Case Crime No. 264 of 2010, Sections 323, 324, 504, 506 I.P.C., P.S. Jaitpur, is DISPOSED OF. Held: it cannot be said that no offence is made out; submissions raise disputed questions of fact/adjudicable defence not decidable under S. 482 at the prima facie stage, assessed in light of R.P. Kapur (AIR 1960 SC 866), State of Haryana v. Bhajan Lal (1992 SCC (Cr.) 426), State of Bihar v. P.P.Sharma (1992 SCC (Cr.) 192) and Zandu Pharmaceutical Works (2005 SCC (Cr.) 283). Alternative relief: surrender within 30 days; bail application to be disposed of expeditiously per Satender Kumar Antil v. CBI (2021 SCC Online SC 922); no arrest for 30 days or till surrender, whichever earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 10645 of 2025

Jitendra @ Jitendra Kumar Yadav And 3 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Ashok Kumar Singh, Ashish Kumar Tiwari Counsel for Opposite Party(s) : G.A.

Court No. - 29

HON'BLE DIVESH CHANDRA SAMANT, J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present 482 Cr.P.C. application has been filed to quash the order dated 11.11.2025 passed by learned Civil Judge(Junior Division), Tanda, Ambedkar Nagarin Criminal Case No. 740 of 2014(Old No. 346 of 2011) (State Vs. Jitendra and others), arsing out of Case Crime No. 264 of 2010 under Sections 323, 324, 504, 506 I.P.C., P.S. Jaitpur, District-Ambedkar Nagar.

The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal,

A482 No. 10645 of 2025

2

1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 . The disputed defence of the accused cannot be considered at this stage.

At this stage, learned counsel for the applicants submitted that applicants are ready to surrender before the Trial Court for obtaining bail and for that some protection may be granted to them.

However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned Trial Court within 30 days from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the Trial Court in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another , reported in 2021 SCC Online SC 922.

For the period of 30 days from today or till the time of surrender of the applicants before the concerned Trial Court, whichever is earlier, applicants shall not be arrested in the above case.

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of .

(Divesh Chandra Samant,J.)

December 16, 2025

ADY

Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad, Lucknow Bench