Rajesh Raj Khanna Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2025)

Rajesh Raj Khanna Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with liberty to the applicant to apply for bail before the trial court (to be decided expeditiously per Satender Kumar Antil) and to prefer a discharge application before the court below (to be decided expeditiously); police officer concerned expected not to take coercive action against the applicant for 30 days from the order or till he applies for bail, whichever is earlier.

Issue for consideration

Whether the chargesheet dated 05-09-1998 in crime no. 226/1998 (Sections 279, 337, 338, 304-A IPC, P.S. Unchahar, Raebareli), the order dated 18-09-2024 of the Gram Nyayalaya, Unchahar in Case No. 2211/2001, and the entire ensuing criminal proceedings should be quashed (counsel ultimately sought liberty for bail and discharge applications instead).

Ratio / Principle

The application under Section 528 BNSS is disposed of with liberty as prayed for: the court below is directed that if the applicant applies for bail before the concerned court, his prayer for bail shall be considered and decided expeditiously in accordance with law.

Key takeaways

Liberty is also granted to the applicant to move a discharge application before the court below, and the same shall be decided expeditiously in accordance with law.ratio¶14
Taking note of the observations in Satender Kumar Antil (supra), it is expected from the police officer concerned that for 30 days from the date of the order, or until the applicant applies for bail, whichever is earlier, no coercive action will be taken against the applicant in the aforesaid case.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.) | Order dated 17.1.2025 | Application U/S 482 No. 236 of 2025 filed under Section 528 BNSS by Rajesh Raj Khanna (counsel: Rinku Verma) seeking quashing of the chargesheet dated 05-09-1998 in crime no. 226/1998, Sections 279, 337, 338, 304-A IPC ('State of U.P. Vs. Rajesh Kumar & others', P.S. Unchahar, Raebareli), the order dated 18-09-2024 passed by the Gram Nyayalaya, Unchahar, Raebareli in Case No. 2211/2001, and the entire ensuing proceedings. At hearing, counsel did not press the quashing prayer and instead sought liberty to file a bail application to be decided in view of Satender Kumar Antil v. CBI, (2022) 10 SCC 51, and to prefer a discharge application; the A.G.A. had no objection. Disposition: application DISPOSED OF — (i) liberty to apply for bail, with direction to the court below to consider and decide the bail prayer expeditiously in accordance with law; (ii) liberty to move a discharge application, to be decided expeditiously; (iii) observing the Satender Kumar Antil approach, the police officer concerned is expected to refrain from taking coercive action against the applicant for 30 days from the order or until he applies for bail, whichever is earlier. No quantum involved.

Neutral Citation No. - 2025:AHC-LKO:3158

Court No. - 12

Case :- APPLICATION U/S 482 No. - 236 of 2025

Applicant :- Rajesh Raj Khanna Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rinku Verma Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

The present application under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:-

"For the facts reasons and circumstances as stated in the accompanying affidavit it is most respectfully prayed before this Hon'ble Court that it may kindly be pleased to quash the order dated-18-09-2024 passed by the learned Gram Nyayalaya, Unchahar, Raebareli in Case No.-2211/2001, crime no.- 226/1998, U/S-279,337,338,304-A IPC, parties 'State of U.P. Vs. Rajesh Kumar & others', P.S.-Unchahar, Distt.-Raibareli as well as Chargesheet dated-05-09-1998, filed in crime no.- 226/1998, U/S-279,337,338,304-A IPC, parties 'State of U.P. Vs. Rajesh Kumar & others', along with the entire proceedings of the criminal miscellaneous Case instituted on the basis of chargesheet filed in crime no.-226/1998, U/S-279,337,338,304-A IPC, parties 'State of U.P. Vs. Rajesh Kumar & others', pending in the court of Learned Gram Nyayalaya, Unchahar, Raebareli, in the interest of Justice.

It is further prayed that this Hon'ble Court may also be pleased to Stay further proceedings in aforesaid criminal miscellaneous Case instituted on the basis of chargesheet filed. in no.-226/1998, U/S-279,337,338,304-A IPC, 'State of U.P. Vs. Rajesh Kumar & others', pending before Learned Gram Nyayalaya, Unchahar, Raebareli, during the pendency of this petition in the interest of justice."

After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

Learned A.G.A. 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 applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.

Order Date :- 17.1.2025 Anand/-

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