Disposed

Shivam Kushwaha and 2 Others v. State of Up and Another

Allahabad HC21 Apr 2025A482/35447/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a charge-sheet and summoning order in a Section 380 IPC theft case but did not press the application on merits. The High Court refused the quashing relief and directed surrender within three weeks with expeditious bail consideration and interim protection from coercive action.

What did the court decide?

Quashing relief refused; applicants to surrender within three weeks, bail applications to be decided expeditiously, and no coercive action till surrender.

Shivam Kushwaha and 2 Others vs State of Up and Another — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:58497

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 35447 of 2024

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Applicant :- Shivam Kushwaha And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 10.05.2024, summoning order dated 08.07.2024 as well as the entire proceedings of Case No. 1232 of 2024 (State Vs. Shivam Kushwaha and others), arising out of Case Crime No. 371 of 2023, under Section 380 IPC at Police Station- Jaluan, District- Jalaun, pending in the Court of Judicial Magistrate, Jalaun.

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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.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

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Accordingly, the relief as sought by the applicants through this application is refused.

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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 apply 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.

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For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is

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earlier, no coercive action shall be taken against them.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 21.4.2025 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Shivam Kushwaha and 2 Others v. State of Up and Another

Case brief

What is this about?

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Shivam Kushwaha and 2 Others v. State of Up and Another

Case brief

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What did the court decide?

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