Sunil Gulati and 9 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sunil Gulati and 9 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing relief refused; alternative prayer allowed - applicants to surrender within three weeks, bail application to be decided expeditiously per Satender Kumar Antil, and no coercive action for three weeks or till surrender (whichever earlier).

Issue for consideration

Whether the charge sheet dated 21.6.2024 and the cognizance and summoning order dated 06.08.2024 in Case No. 6889 of 2024 (Case Crime No. 889 of 2023) should be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The relief sought by the applicants (quashing of the charge sheet and cognizance/summoning order) is refused, the applicants having not pressed that relief on merits.

Ratio / Principle

The applicants are directed to surrender before the concerned Court below within three weeks, and if they apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation.

Key takeaways

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.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.; Neutral Citation No. 2025:AHC:58476; order dated 21.04.2025): In an application under Section 482 Cr.P.C. (Application U/S 482 No. 35430 of 2024) by Sunil Gulati and 9 others seeking quashing of the charge sheet dated 21.6.2024 and the cognizance and summoning order dated 06.08.2024 passed in Case No. 6889 of 2024, State Vs. Sanchit Gulati and others (Case Crime No. 889 of 2023, under sections 147, 148, 504, 452, 323, 506, 325 IPC, Police Station Tilhar, District Shahjahanpur), the applicants did not press the relief on merit and prayed for expeditious disposal of their bail applications. The Court refused the quashing relief, directed the applicants to surrender before the concerned court below within three weeks, directed expeditious decision of the bail application in accordance with the law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation, 2021 SCC OnLine SC 922, and ordered 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:58476

Court No. - 84

Case :- APPLICATION U/S 482 No. - 35430 of 2024

Applicant :- Sunil Gulati And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Srivastava,Ravindra Singh 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 impugned charge sheet dated 21.6.2024 and cognizance and summoning order dated 06.08.2024 in Case No. 6889 of 2024, State Vs. Sanchit Gulati and others, Case Crime No. 889 of 2023, under section 147, 148, 504, 452, 323, 506, 325 I.P.C Police Station Tilhar, District - Shahjahnpur.

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 :- 21.4.2025 Nitin Verma

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