Suddhu and 4 Others Vs State of U.P. Thru. Secy. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Suddhu and 4 Others Vs State of U.P. Thru. Secy. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Principal relief (quashing) refused; applicants directed to surrender within two weeks; bail applications, if made, to be disposed of expeditiously by the courts below in accordance with law keeping in view the Apex Court guidelines in Satender Kumar Antil (2021 SCC Online SC 922); no arrest for two weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the charge-sheet dated 10.01.2024, summoning order dated 30.08.2024 and criminal proceedings of Case No. 98008 of 2024 (State vs. Jai Karan & Others) should be quashed — the applicants gave up this challenge at the hearing. +1 more

Court's answer

The relief sought in the application (quashing of the charge-sheet, summoning order and criminal proceedings) is refused.

Ratio / Principle

The applicants are directed to surrender before the concerned court below within two weeks from the date of the order.

Key takeaways

If the applicants apply for bail, their bail applications shall be disposed of expeditiously by the courts below in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil vs Central Bureau of Investigation and another (2021 SCC Online SC 922).ratio¶11
For the period of two weeks from the order or till the applicants' surrender before the concerned court below, whichever is earlier, they shall not be arrested in the above case.ratio¶12

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. (Allahabad High Court, Lucknow Bench, Sanjay Kumar Singh, J.) by Suddhu and 4 others seeking quashing of the charge-sheet dated 10.01.2024, summoning order dated 30.08.2024 and proceedings of Case No. 98008 of 2024 (State vs. Jai Karan & Others) arising out of Case Crime No. 283 of 2023 under Section 427 I.P.C. and Sections 2/3 Prevention to Damage to Public Property Act, P.S. Para, District Lucknow, pending before the learned Special Chief Judicial Magistrate, Custom, Lucknow. At the hearing, counsel for the applicants gave up the quashing challenge and confined the prayer to protection enabling surrender before the court below and expeditious disposal of their bail applications; the learned A.G.A. raised no objection to short-period protection. The Court refused the relief originally sought, directed the applicants to surrender within two weeks, ordered that bail applications be disposed of expeditiously by the courts below in accordance with law keeping in view the Apex Court guidelines in Satender Kumar Antil vs Central Bureau of Investigation and another (2021 SCC Online SC 922), and directed that the applicants shall not be arrested for two weeks or till surrender, whichever is earlier. Application disposed of on 21.2.2025.

Neutral Citation No. - 2025:AHC-LKO:11325

Court No. - 18

Case :- APPLICATION U/S 482 No. - 1588 of 2025

Applicant :- Suddhu And 4 Others Opposite Party :- State Of U.P. Thru. Secy. Lko. And Another Counsel for Applicant :- Priyanka Yadav,Azmi Yousuf Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants, 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 applicants to quash the charge-sheet dated 10.01.2024, summoning order dated 30.08.2024 and proceedings of Case No. 98008 of 2024 (State vs. Jai Karan & Others) arising out of Case Crime No. 283 of 2023, under Section 427 I.P.C. and Sections 2/3 Prevention to Damage to Public Property Act, Police Station Para, District Lucknow pending in the court of learned Special Chief Judicial Magistrate, Custom, Lucknow.

At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, summoning order and impugned criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants 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 applicants expeditiously.

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

In view of the above, the relief as sought by the applicants in the instant application is refused.

However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case they apply for bail, the bail application of the applicants 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, reported in 2021 SCC Online SC 922.

For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they 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 saurabh

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