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

Quashing refused; on the applicants' alternative prayer they were directed to surrender before the Trial Court within 30 days, with interim protection that they shall not be arrested for 30 days or till surrender, whichever is earlier, and any bail application to be disposed of expeditiously in accordance with law keeping in view the Satender Kumar Antil guidelines.

Issue for consideration

Whether the prosecution arising out of Case Crime No. 264 of 2010 discloses no offence against the applicants and was instituted with mala fide intent, warranting quashing of the order dated 11.11.2025 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; the contention that no offence is disclosed does not succeed.

Ratio / Principle

All submissions advanced at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.; the defence of the accused cannot be considered at this stage.

Key takeaways

The applicants were directed to surrender before the concerned Trial Court within 30 days, and if they apply for bail, the bail application shall be disposed of expeditiously by the Trial Court in accordance with law, keeping in view the Apex Court guidelines in Satender Kumar Antil v. CBI.ratio¶17
For 30 days from the decision or until the applicants surrender before the concerned Trial Court, whichever is earlier, the applicants shall not be arrested in the underlying case.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 29 — Divesh Chandra Samant, J.; Application U/S 482 No. 10645 of 2025, decided December 16, 2025. The applicants sought quashing of the order dated 11.11.2025 passed by the Civil Judge (Junior Division), Tanda, Ambedkar Nagar in Criminal Case No. 740 of 2014 (Old No. 346 of 2011) (State Vs. Jitendra and others), arising out of Case Crime No. 264 of 2010 under Sections 323, 324, 504, 506 I.P.C., P.S. Jaitpur. The Court held that on the material on record it could not be said that no offence was made out against the applicants, that all submissions raised disputed questions of fact incapable of adjudication under Section 482 Cr.P.C., testing the matter prima facie in the light of R.P. Kapur v. State of Punjab, State of Haryana v. Bhajan Lal, State of Bihar v. P.P. Sharma and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq. The quashing prayer therefore failed. On the applicants' alternative prayer, the Court directed surrender within 30 days, expedited disposal of bail applications keeping in view Satender Kumar Antil v. CBI (2021 SCC Online SC 922), and interim non-arrest for 30 days or till surrender, whichever earlier. Application disposed of.

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