Saleem Ahmad and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Saleem Ahmad and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Main quashing relief refused; alternative prayer allowed - applicants directed to surrender before the court below within three weeks; any bail application to be decided expeditiously in accordance with Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922); no coercive action for three weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the entire proceeding of Criminal Case no. 3715 of 2017, the charge sheet no. 130 of 2017 dated 28.1.2017, and the cognizance/summoning order dated 30.5.2017 should be quashed under Section 482 Cr.P.C. +1 more

Court's answer

On the alternative prayer, the applicants were directed to surrender before the court below within three weeks, and any bail application made by them shall be decided expeditiously by the courts below.

Ratio / Principle

Learned counsel for the applicants did not press the relief sought in the application on merits and instead confined themselves to the alternative prayer for an expeditious decision on the bail application.

Key takeaways

The relief sought by the applicants through the application (quashing of the criminal proceedings, charge sheet and cognizance/summoning order) was refused; the Learned A.G.A. had raised no objection to allowing only the alternative prayer.ratio¶11
Any bail application of the applicants is to be decided by the courts below expeditiously in accordance with the law laid down by the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922.ratio¶13
For three weeks from the order, or until the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against them.

Detailed headnote1 paragraphs

Criminal Misc. Application (S.482 Cr.P.C.) to quash entire proceedings of Criminal Case no. 3715 of 2017 (arising out of Case Crime no. 709 of 2016, Sections 354, 452, 323, 504, 506 IPC, P.S. Tanda, District Rampur), charge sheet no. 130 of 2017 dated 28.1.2017 and cognizance/summoning order dated 30.5.2017 of the CJM, Rampur. Counsel for applicants did not press the relief on merits and sought only a direction for expeditious disposal of the bail application; the A.G.A. raised no objection. Quashing relief refused. Held: applicants to surrender within three weeks; bail application, if moved, to be decided expeditiously in accordance with Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922; no coercive action for three weeks or till surrender, whichever earlier. Application disposed of (Deepak Verma, J.).

Neutral Citation No. - 2025:AHC:72355

Court No. - 84

Case :- APPLICATION U/S 482 No. - 27465 of 2024

Applicant :- Saleem Ahmad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Najakat Ali Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Supplementary affidavit, filed today, is taken on record.

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 entire proceeding of Criminal Case no. 3715 of 2017 (State Vs. Saleem Ahmad and two others) pending before learned Chief Judicial Magistrate, Rampur District Rampur arising out of case Crime no.709 of 2016, Under Sections 354, 452, 323, 504, 506 I.P.C., Police Station-Tanda, District Rampur as well as impugned charge sheet no.130 of 2017 dated. 28.1.2017 as well as cognizance/summoning order dated 30.5.2017 issued by learned Chief Judicial Magistrate, Rampur District Rampur in Criminal Case no. 3715 of 2017 (State Vs. Saleem Ahmad and two others).

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 applies 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 :- 6.5.2025 Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad