Rinku Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Rinku 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

Principal quashing relief refused; applicant directed to surrender before the court below within two weeks; interim protection from arrest for two weeks or till surrender, whichever is earlier; bail application, if made, to be disposed of expeditiously per Satender Kumar Antil guidelines; application disposed of.

Issue for consideration

Having given up the challenge to the charge-sheet, cognizance order, non-bailable warrant and criminal proceedings, whether the applicant should be directed to surrender before the court below within a fixed period, protected from arrest meanwhile, and have his bail application disposed of expeditiously in accordance with law and the guidelines laid down in Satender Kumar Antil v. CBI, 2021 SCC Online SC 922.

Court's answer

The applicant is directed to surrender before the concerned court below within two weeks; in case he applies for bail, the courts below shall dispose of his bail application expeditiously 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 / Principle

The relief sought by the applicant in the instant application (quashing of the charge-sheet, cognizance order, non-bailable warrant and criminal proceedings) is refused, the applicant's counsel having given up the challenge and not pressed any other prayer on merits.

Key takeaways

For the period of two weeks from the order or till the applicant surrenders before the concerned court below, whichever is earlier, he shall not be arrested in the above case.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Sanjay Kumar Singh, J. — Application under S. 482 Cr.P.C. by Rinku to quash charge-sheet dated 20.09.2012, cognizance order dated 28.11.2012, non-bailable warrant dated 27.01.2025 and proceedings of Criminal Case No. 3739 of 2022 (State Vs. Kripa Shankar and others) arising out of N.C.R. No. 0077 of 2012 (Ss. 323, 504, 427, 506 IPC, P.S. Makhi, Dist. Unnao) pending before the Judicial Magistrate, Safipur, Unnao. Counsel gave up the challenge and did not press the prayers on merits, confining the request to protection to surrender; the Court refused the relief sought, directed surrender within two weeks, ordered no arrest for two weeks or till surrender (whichever earlier), and required expeditious disposal of the bail application in accordance with law keeping in view Satender Kumar Antil v. CBI, 2021 SCC Online SC 922. Application disposed of (Order dated 21.2.2025).

Neutral Citation No. - 2025:AHC-LKO:11299

Court No. - 18

Case :- APPLICATION U/S 482 No. - 1492 of 2025

Applicant :- Rinku Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mukhtar Ahamad,Ana Fatma,Mohd. Salman Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 20.09.2012, cognizance order dated 28.11.2012, non-bailable warrant dated 27.01.2025 and proceedings of Criminal Case No. 3739 of 2022 (State Vs. Kripa Shankar and others) arising out of N.C.R. No. 0077 of 2012, under Sections 323, 504, 427, 506 IPC, Police Station Makhi, District Unnao pending in the court of Judicial Magistrate, Safipur, Unnao.

At the outset, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance order, non-bailable warrant and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. Learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.

Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

In view of the above, the relief as sought by the

applicant in the instant application is refused.

However, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within two weeks from today and in case applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below 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, 2021 SCC Online SC 922 .

For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he 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.

Order Date :- 21.2.2025 Shubham

Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench