Aley Nabi vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Aley Nabi vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing relief refused; application disposed of with directions: applicant to surrender within three weeks; bail application, if made, to be decided expeditiously per Satender Kumar Antil (2021 SCC OnLine SC 922); no coercive action for three weeks or till surrender, whichever earlier; any discharge application to be considered and decided preferably within two months.

Issue for consideration

Whether the charge-sheet dated 05.01.2024, the summoning order dated 12.04.2024 and the entire proceedings in Case No.435 of 2024 (arising out of Case Crime No.123 of 2023, Sections 323, 504, 506, 342 & 341 I.P.C.) should be quashed. +1 more

Court's answer

The relief sought through the Section 482 application (quashing of the charge-sheet, summoning order and proceedings) is refused, as the applicant's counsel did not press the relief on merit.

Ratio / Principle

The applicant shall surrender before the concerned court below within three weeks, and if he applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation (2021 SCC OnLine SC 922).

Key takeaways

No coercive action shall be taken against the applicant for three weeks or till the time of his surrender before the court below, whichever is earlier.ratio¶7
If the applicant moves a discharge application before the court below, the court below shall consider it and decide it expeditiously, preferably within a period of two months, in accordance with law.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 84), Hon'ble Deepak Verma, J.; Order Date 21.4.2025; Neutral Citation 2025:AHC:58795. Application U/S 482 No. 35513 of 2024 by Aley Nabi against State of U.P. and Another sought quashing of the charge-sheet dated 05.01.2024, summoning order dated 12.04.2024 and the entire proceedings in Case No.435 of 2024 (State vs. Aley Nabi) arising out of Case Crime No.123 of 2023 under Sections 323, 504, 506, 342 & 341 I.P.C., P.S.Ajeem Nagar, District Rampur, pending before the Additional Civil Judge (Junior Division)-II, Rampur. Counsel for the applicant did not press the relief on merit and prayed for a direction for expeditious decision of the bail application, to which the learned A.G.A. raised no objection. The Court refused the quashing relief and disposed of the application with directions: the applicant to surrender within three weeks, any bail application to be decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922, no coercive action for three weeks or till surrender (whichever earlier), and any discharge application to be considered and decided preferably within two months.

Neutral Citation No. - 2025:AHC:58795

Court No. - 84

Case :- APPLICATION U/S 482 No. - 35513 of 2024

Applicant :- Aley Nabi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sheeba Rizvi Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 05.01.2024, summoning order dated 12.04.2024 as well as to quash the entire proceeding in Case No.435 of 2024 (State vs. Aley Nabi) arising out of Case Crime No.123 of 2023, under Sections 323, 504, 506, 342 & 341 I.P.C., P.S.Ajeem Nagar, District Rampur, pending in the court of Additional Civil Judge (Junior Division)-II, Rampur.

On the matter being taken up, learned counsel for the applicant has 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 applicant expeditiously.

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

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

Considering the aforesaid alternative prayer of the applicant, it is directed that applicant 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 applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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

However, if the applicant move discharge application before the court below, the court below shall consider the same and decide the application expeditiously, preferably within a period of two months in accordance with law.

Order Date :- 21.4.2025 SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad