Arjun Singh and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Arjun Singh and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicants to apply for bail before the trial court, to be considered and decided expeditiously in accordance with law; liberty to file a discharge application before the court below if charges have not been framed, to be decided expeditiously; and an expectation that the Police Officer concerned will not take coercive action against the applicants for 30 days from the date of the order or until they apply for bail, whichever is earlier. The quashing prayers were not decided on merits.

Issue for consideration

Whether the summoning order dated 11.09.2024 passed by the Chief Judicial Magistrate, Gonda, and the entire criminal proceedings arising out of the charge sheet in Case Crime No. 201/2024 (Sections 323, 504, 506, 427 IPC, Police Station Nawabganj, District Gonda) should be quashed. (Issue inferred from the reliefs sought; the Court ultimately disposed of the application without deciding merits.)

Court's answer

The application is disposed of with liberty as prayed for: if the applicants apply for bail before the court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

Ratio / Principle

Liberty is granted to the applicants to move a discharge application before the court below if charges have not been framed, and such application shall be decided expeditiously in accordance with law.

Key takeaways

Taking note of the observations of the Apex Court in Satender Kumar Antil (supra) and Musheer Alam (supra), it is observed/expected that the Police Officer concerned will not take any coercive action against the applicants for 30 days from the date of the order or till the applicants apply for bail, whichever is earlier.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Saurabh Lavania, J.: An application under Section 482 CrPC by Arjun Singh and three others seeking quashing of the summoning order dated 11.09.2024 passed by the Chief Judicial Magistrate, Gonda, and of the criminal proceedings arising out of Charge Sheet No. 01/2021 (filed 24.06.2024) in Case Crime No. 201/2024, Sections 323, 504, 506, 427 IPC, Police Station Nawabganj, District Gonda, was disposed of rather than decided on merits. Relying on Satender Kumar Antil v. CBI, (2022) 10 SCC 51, and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, the Court granted liberty to apply for bail (to be decided expeditiously) and liberty to file a discharge application if charges were not framed, and observed that the police officer concerned was expected to refrain from coercive action against the applicants for 30 days or until they applied for bail, whichever was earlier.

Neutral Citation No. - 2025:AHC-LKO:14642

Court No. - 12

Case :- APPLICATION U/S 482 No. - 1928 of 2025 Applicant :- Arjun Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Pankaj Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.

The present application has been filed by the applicants for the following main reliefs:-

"(i) quash the impugned summoning order dated 11.09.2024, passed by Chief Judicial Magistrate, Gonda, in Case Crime No. 201/2024, State Vs Arjun Sing and others, arises out of Case Crime No. 201/2024, U/s-323, 504, 506, 427 I.P.C., Police Station Nawabganj, District Gonda, contained as Annexure Nos. 1, to this petition;

(ii) quash the entire criminal proceedings arises out of impugned Charge Sheet No. 01/2021, filed on 24.06.2024, in Case Crime No. 201/2024, U/s- 323, 504, 506, 427 I.P.C., Police Station Nawabganj, District Gonda, contained as Annexure No. 2, to this petition."

After arguing the matter at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 , and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously.

Learned AGA has no objection to the prayer made by learned counsel for the applicants.

Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

Liberty is also granted to the applicants to move discharge application before the court below, if the charges have not been framed, which shall be decided expeditiously in accordance with law.

Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra) , this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.

With the aforesaid observations, the present application is disposed of.

Order Date :- 11.3.2025

Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench