Harish Chandra Chaurasiya and Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Harish Chandra Chaurasiya and Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Original quashing relief refused; alternative prayer accepted in substance — applicants directed to surrender before the court below within three weeks, any bail application to be decided expeditiously by the courts below in accordance with law laid down in Satender Kumar Antil v. CBI, and no coercive action against them for three weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the Charge-sheet No. 12/2023 dated 07.01.2023, the cognizance order dated 26.10.2023 and the entire proceedings of Case No. 142 of 2023 arising out of Case Crime No. 216 of 2021 ought to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The relief originally sought in the application (quashing of the charge-sheet, cognizance order and proceedings) was refused, the applicants having not pressed that relief on merit.

Ratio / Principle

The applicants were directed to surrender before the concerned Court below within three weeks and, in case they apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation (2021 SCC OnLine SC 922).

Key takeaways

For the period of three weeks from the order, or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.ratio¶7

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.; Neutral Citation 2025:AHC:133652), Application U/S 482 No. 17765 of 2024, Harish Chandra Chaurasiya and others v. State of U.P. and another, decided 7.8.2025: Applicants sought quashing of Charge-sheet No. 12/2023 dated 07.01.2023, cognizance order dated 26.10.2023, and the entire proceedings of Case No. 142 of 2023 (arising out of Case Crime No. 216 of 2021, under Sections 147, 148, 149, 323, 504, 506, 452, 427, 325, 286, 34 IPC, P.S.- Phoolpur, District Prayagraj) pending before Civil Judge (J.D.)/J.M.-5, Prayagraj. Counsel did not press the relief on merit and prayed instead for expeditious disposal of bail applications; the original relief was accordingly refused. Considering the alternative prayer, the Court directed the applicants to surrender before the court below within three weeks, ordered that any bail application be decided expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922, and provided that no coercive action be taken against them for three weeks or till surrender, whichever is earlier. Application disposed of.

Neutral Citation No. - 2025:AHC:133652

Court No. - 72

Case :- APPLICATION U/S 482 No. - 17765 of 2024

Applicant :- Harish Chandra Chaurasiya And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harendra Prakash Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the Charge-sheet No. 12/2023 dated 07.01.2023, cognizance order dated 26.10.2023 as well as the entire proceedings of Case No. 142 of 2023 (State vs. Harish Chandra Chaurasiya and others), arising out of Case Crime No. 216 of 2021, under Sections 147, 148, 149, 323, 504, 506, 452, 427, 325, 286, 34 IPC, Police Station- Phoolpur, DistrictPrayagraj, pending in the Court of Civil Judge (J.D.)/J.M.-5, Prayagraj.

On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously.

Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

Accordingly, the relief as sought by the applicants through this application is refused.

Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law 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 three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

Order Date :- 7.8.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad