Janardan Rajbhar and 3 Others Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Janardan Rajbhar and 3 Others Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing relief refused as not pressed on merit; applicants directed to surrender within three weeks; bail application, if moved, to be decided expeditiously in accordance with Satender Kumar Antil (2021 SCC OnLine SC 922); no coercive action for three weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the charge-sheet dated 25.11.2022, summoning order dated 29.03.2024 and the entire proceedings in Case No.6482 of 2024 (arising out of Case Crime No.327 of 2022, Sections 323, 504, 506, 308 IPC, P.S. Garwar, District Ballia) were liable to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The principal relief sought through the application (quashing of charge-sheet, summoning order and proceedings) was refused, as learned counsel for the applicants did not press it on merit.

Ratio / Principle

The applicants were directed to surrender before the concerned court below within three weeks, and in case they apply 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. CBI, 2021 SCC OnLine SC 922.

Key takeaways

For three weeks from the date of the order, or until the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against them.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), Order dated 24.4.2025 — Application under Section 482 Cr.P.C. (No. 36650 of 2024) by Janardan Rajbhar and 3 others seeking quashing of charge-sheet dated 25.11.2022, summoning order dated 29.03.2024 and entire proceedings in Case No.6482 of 2024 (arising out of Case Crime No.327 of 2022, Sections 323, 504, 506, 308 IPC, P.S. Garwar, District Ballia) pending before Additional Chief Judicial Magistrate-II, Ballia. Counsel for the applicants did not press the relief on merit and sought only a direction for expeditious disposal of their bail application, to which the learned A.G.A. had no objection. Held: the main quashing relief was refused; the applicants were directed to surrender before the court below within three weeks, and on their applying for bail, the bail application is to be decided expeditiously 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; no coercive action was to be taken against the applicants for three weeks or until surrender, whichever is earlier. Application disposed of.

Neutral Citation No. - 2025:AHC:62984

Court No. - 84

Case :- APPLICATION U/S 482 No. - 36650 of 2024 Applicant :- Janardan Rajbhar And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Babu Ram Yadav,Deepak Kumar Sharma 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 charge-sheet dated 25.11.2022, summoning order dated 29.03.2024 as well as entire proceedings in Case No.6482 of 2024 arising out of Case Crime No.327 of 2022, under Sections 323, 504, 506, 308 I.P.C., P.S.Garwar, District Ballia, pending in the court of Additional Chief Judicial Magistrate-II, Ballia.

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 :- 24.4.2025 SKD

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