Disposed¶16

Baleshvar v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC14 Oct 2025/8755/2025

Case brief

AI extract

What is this about?

Section 482 application; quashing of summoning order; Complaint Case No.4617/2025; Section 138 N.I. Act cheque-dishonour complaint; Additional Chief Judicial Magistrate Ambedkarnagar; non-bailable warrant dated 09.09.2025; surrender and bail application; Satender Kumar Antil v. CBI AIR 2022 SC 3386; no coercive action for three weeks; State of U.P.; Allahabad High Court Lucknow Bench; Brij Raj Singh, J.; decided October 14, 2025.

What did the court decide?

Interim protection: no coercive action against the applicant for three weeks; upon surrender within three weeks, the trial court directed to decide the bail application expeditiously applying the law in Satender Kumar Antil v. CBI (AIR 2022 SC 3386); the quashing prayer itself was not granted, the application being disposed of. ¶16

Baleshvar Vs State of U.P. Thru. Its Prin. Secy. Home… — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether the summoning proceedings in Complaint Case No.4617/2025 (under Section 138 N.I. Act) and the non-bailable warrant order dated 09.09.2025 should be quashed and set aside.

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Court's answer

If the applicant surrenders before the Court below within three weeks and prefers a bail application, the trial court shall decide that bail application as expeditiously as possible, taking into account the law laid down by the Supreme Court in Satender Kumar Antil (supra).

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Ratio / Principle

For a period of three weeks from the date of the order, no coercive action shall be taken against the applicant in the aforesaid case.

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Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 16, Brij Raj Singh, J. — Application U/S 482 No. 8755 of 2025 filed by Baleshvar seeking quashing of the summoning proceedings in Complaint Case No.4617/2025 under Section 138 N.I. Act, passed by the Addl. Chief Judicial Magistrate, Ambedkarnagar on 10.04.2023, and of the non-bailable warrant order dated 09.09.2025. At the outset, counsel for the applicant stated that the applicant would surrender before the trial court and apply for bail, seeking the benefit of Satender Kumar Antil v. Central Bureau of Investigation (AIR 2022 SC 3386). The Court directed that if the applicant surrendered within three weeks and preferred a bail application, the trial court would decide it as expeditiously as possible taking into account the law laid down in Satender Kumar Antil (supra), and that for three weeks no coercive action would be taken against the applicant. The application was disposed of on October 14, 2025.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 8755 of 2025

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Baleshvar

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.....Applicant(s)

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	Versus
State Of U.P. Thru. Its Prin. Secy. Lko. And Another	Home Deptt.	..	...Opposite Party(s)
Counsel for Applicant(s) :	Krishna Madhav Pandey	Shukla,	Abhishek
Counsel for Opposite Party(s) :	G.A.

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Court No. - 16

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HON'BLE BRIJ RAJ SINGH, J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The present application has been filed with the following main reliefs:

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"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash and set aside the summoning proceeding, in complaint Case No.4617/2025, Summoned under Section 138 N.I. act. passed by Add. Chief Judicial Magistrare, Ambedkarnagar on dated 10.04.2023. and also issued non bailable warrant order dated 09.09.2025, contained as Annexure No 1&2. to this petition."

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At the very outset, counsel for the applicant states that applicant will surrender before the trial court and apply for bail. However, he has submitted that applicant may be granted the benefit of the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in (AIR 2022 SC 3386).

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It is, therefore, directed that in case the applicant surrenders before the Court below within three weeks from today and prefers bail application, the trial court will decide the said bail application, as expeditiously as possible, taking into account the law laid down by the Supreme Court in the case of Satender Kumar Antil (supra).

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A482 No. 8755 of 2025

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For a period of three weeks from today, no coercive action shall be taken against the applicant in the aforesaid case.

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The application stands disposed of .

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(Brij Raj Singh,J.)

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October 14, 2025

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Sachin

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Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

Baleshvar v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Baleshvar v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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