Kishanpal Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Kishanpal Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Time-bound opportunity (one month) for the applicant to appear before the court concerned and move a bail application, which shall be considered and disposed of in terms of the guidelines/observations of the Hon'ble Apex Court in Satendra Kumar Antil; no coercive action against the applicant for 15 days from the date of the order.

Issue for consideration

Whether the entire criminal proceeding, including the charge sheet dated 19.08.2023 and the cognizance order dated 14.02.2024, in Criminal Case No. 7901 of 2024 (State vs. Kishan Pal) arising out of Case Crime No. 238 of 2023 under Section 429 IPC and Section 11 of the Prevention of Cruelty to Animals Act, 1960, should be quashed under Section 482 Cr.P.C. +1 more

Ratio / Principle

In case the applicant appears before the court concerned within one month from the date of the order and moves an application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by the Hon'ble Apex Court in Satendra Kumar Antil.

Key takeaways

For a period of 15 days from the date of the order, no coercive action shall be taken against the applicant.ratio¶¶12
In the event no bail application is moved within the prescribed one-month period, this order will be of no avail to the applicant.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 74), Saurabh Srivastava, J. — Section 482 Cr.P.C. application (No. 18197 of 2024) by Kishanpal to quash the entire proceeding, including the charge sheet dated 19.08.2023 and cognizance order dated 14.02.2024, in Criminal Case No. 7901 of 2024 (State vs. Kishan Pal) arising out of Case Crime No. 238 of 2023 under Section 429 IPC and Section 11 of the Prevention of Cruelty to Animals Act, 1960, PS Islam Nagar, District Badayun. At the outset, counsel relinquished the quashment prayer and opted to move a bail application before the trial court in terms of the guidelines/observations of the Hon'ble Apex Court in Satendra Kumar Antil v. CBI, (2021) 10 SCC 773, with the AGA raising no objection. The Court directed: (i) if the applicant appears before the court concerned within one month and files a bail application, it shall be considered and disposed of in terms of the Satendra Kumar Antil guidelines; (ii) no coercive action for 15 days; and (iii) failure to file within the prescribed time renders the order of no avail. The application was finally disposed of (Order dated 22.04.2025).

Neutral Citation No. - 2025:AHC:60471

Court No. - 74

Case :- APPLICATION U/S 482 No. - 18197 of 2024

Applicant :- Kishanpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Ahmad,Shan Md Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the applicant and learned A.G.A. for the State perused the record.

This application has been filed by the applicant to quash the entire proceeding including charge sheet dated 19.08.2023 as well as cognizance order dated 14.02.2024 in Criminal Case no. 7901 of 2024 (State vs. Kishan Pal) arising out of Case Crime no. 238 of 2023, under Section 429 of IPC and Section 11 of The Prevention of Cruelty to Animals Act, 1960, PS- Islam Nagar, District- Badayun, pending in the court of learned Additional Judicial Magistrate, Badayun. Further prayer has been made to stay the proceedings of Criminal Case no. 7901 of 2024 during pendency of the present application.

At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 .

Learned AGA has no objection to the prayer so made.

Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within one month from today and move application for bail, the same shall be considered and disposed of in terms of the

guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra) .

For a period of 15 days from today, no coercive action shall be taken against the applicant.

It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.

With the above direction, the instant application under Section 482 Cr.P.C is finally disposed of. Order Date :- 22.4.2025 Rakesh

Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad