Shankar Lal vs State of Up and 3 Others — Writ and Judicial Review | Allahabad HC (2025)

Shankar Lal vs State of Up and 3 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of finally with directions: (i) petitioner to surrender before the court concerned within 30 days from 07-03-2025 and apply for bail, upon which his bail application shall be considered and decided expeditiously in accordance with settled law, including the law laid down in Satender Kumar Antil (2022 SCC OnLine SC 825); (ii) no coercive action against the petitioner till 30 days from today. Quashing reliefs (certiorari against the 14.11.2024 District Judge revision order and the 05.07.2024 summoning order) and the anti-arrest mandamus were not pursued as merits were not pressed.

Issue for consideration

Whether writs/orders/directions in the nature of certiorari should be issued to quash (i) the order dated 14.11.2024 of the District Judge, Jaunpur in Criminal Revision No. NIL/2024, Computerized Case No. UPJP010078262024, and (ii) the summoning order dated 05.07.2024 of the Additional Chief Judicial Magistrate-IV, Jaunpur in Case No. 789 of 2024, both arising out of Case Crime No. 360 of 2023 (ss. 323, 504, 325 IPC, P.S. Mugra Badshahpur, District Jaunpur), together with a mandamus directing that the petitioner not be arrested in pursuance of the summoning order - raised in the petition but expressly not pressed on merits. +1 more

Ratio / Principle

This Court finally disposed of the writ petition with a direction to the court concerned that if the petitioner surrenders before it within a period of 30 days and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law (incorporating the law laid down in Satender Kumar Antil, 2022 SCC OnLine SC 825, to which counsel for opposite parties had no objection). The merits-based quashing challenges were not adjudicated.

Key takeaways

Until expiry of the 30-day surrender window fixed by this Court's order, no coercive action shall be taken against the petitioner.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 79), MATTERS UNDER ARTICLE 227 No. 1447 of 2025 - Saurabh Srivastava, J. - Order dated 07-03-2025. Shankar Lal sought certiorari-quashing of (i) the order dated 14.11.2024 of the District Judge, Jaunpur passed in Criminal Revision No. NIL/2024 (Computerized Case No. UPJP010078262024) and (ii) the summoning order dated 05.07.2024 of the Additional Chief Judicial Magistrate-IV, Jaunpur in Case No. 789 of 2024, both arising out of Case Crime No. 360 of 2023 under ss. 323, 504, 325 IPC, P.S. Mugra Badshahpur, District Jaunpur, plus a mandamus that he not be arrested pursuant to the summoning order. At hearing, counsel for petitioner did not press the petition on merits and confined the prayer to final disposal with a surrender-and-bail direction, invoking Satender Kumar Antil v. Central Bureau of Investigation and another (2022 SCC OnLine SC 825); counsel for opposite parties raised no objection. Court disposed of the petition with a direction that, on surrender within 30 days and application for bail, the bail application be considered and decided expeditiously in accordance with settled law, and that no coercive action be taken against the petitioner till 30 days from the date of order.

Neutral Citation No. - 2025:AHC:33746

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 1447 of 2025

Petitioner :- Shankar Lal Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Dharmendra Kumar,Raj Kumar Tripathi Counsel for Respondent :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

The present petition has been preferred seeking the following reliefs:-

"a) Issue a writ, order or direction in the nature of certiorari quash/set aside the impugned order dated 14.11.2024 passed by District Judge, Jaunpur in Criminal Revision No. NIL/2024, Computerized Case No. UPJP010078262024 (Shankar Lal Vs. State of U.P. and others), arising out of Case Crime No. 360 of 2023 under section 323, 504, 325 I.P.C., Police Station-Mugra Badshahpur, District-Jaunpur, (Annexure No. 1 to this Writ Petition).

b) Issue a writ, order or direction in the nature of certiorari quash/set aside the impugned summoning order dated 05.07.2024 passed by the Ld. Additional Chief Judicial Magistrate-IV, Jaunpur in Case No. 789 of 2024 in Case Crime No. 360 of 2023 under section 323, 504, 325 I.P.C., Police Station-Mugra Badshahpur, District-Jaunpur, (Annexure No. 2 to this Writ Petition).

c) Issue any other writ, order or direction in the nature of mandamus directing the respondent authorities to not arrest the petitioner in pursuance of the impugned summoning order dated 05.07.2024 passed by the Ld. Additional Chief Judicial Magistrate-IV, Jaunpur in Case No. 789 of 2024 in Case Crime No. 360 of 2023 under section 323, 504, 325 I.P.C., Police Station-Mugra Badshahpur, District-Jaunpur."

At the very outset, learned counsel for petitioner submitted that he is not pressing the petition on merits and confined his prayer only to the extent that the present petition may be disposed of finally with a direction to the court concerned that in case petitioner surrenders before it and apply for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for opposite parties have no objection.

In view of the aforesaid, the instant writ petition is finally disposed of with a direction to the court concerned that in case, the petitioner surrenders before the court concerned within a period of 30 days from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.

However, it is made clear that till 30 days from today, no coercive action shall be taken against the petitioner herein.

Order Date :- 7.3.2025 #Vik/-

Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad