Chandan Jaysawal and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Chandan Jaysawal and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under S.482 Cr.P.C. finally disposed of with direction that if the applicants surrender within three weeks and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law; no coercive action against the applicants till three weeks.

¶¶9 (judg. para 4)

Issue for consideration

Whether the charge-sheet dated 10.01.2016 and the entire proceedings of Case No. 2061 of 2016 (State vs. Shyamsumder Chaurasiya and others), arising out of Case Crime No. 1367 of 2015, pending before the Chief Judicial Magistrate, Maharajganj, should be quashed and further proceedings stayed. +1 more

¶¶7 (judg. para 2)

Ratio / Principle

The application under S.482 Cr.P.C. is finally disposed of with a direction that in case the applicants surrender before the court concerned within three weeks and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law.

¶¶9 (judg. para 4)

Key takeaways

No coercive action shall be taken against the applicants till three weeks from the date of the order.ratio¶¶10 (judg. para 5)

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Saurabh Srivastava, J.), Order Date 21.5.2025 — Neutral Citation 2025:AHC:86228. Application U/S 482 No. 37518 of 2024 — Chandan Jaysawal and Another v. State of U.P. and Another. The applicants sought quashing of the charge-sheet dated 10.01.2016 and the entire proceedings of Case No. 2061 of 2016 (State vs. Shyamsumder Chaurasiya and others) arising out of Case Crime No. 1367 of 2015, Police Station Shyamdeurawa, District Maharajganj, under sections 147, 323, 332, 504, 506, 336, 379, 186, 290, 427 IPC, Sections 2/3 of the Prevention of Damages to Public Property Act and Section 7 of the Criminal Law Amendment Act, pending before the Chief Judicial Magistrate, Maharajganj, and a stay of further proceedings. Counsel for the applicants did not press the application on merits and confined the prayer to expeditious consideration of bail applications upon surrender, invoking Satender Kumar Antil v. Central Bureau of Investigation and another (2022 SCC OnLine SC 825), to which the respondents' counsel had no objection. Held: the application is finally disposed of with a direction that if the applicants surrender within three weeks and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law; and till three weeks, no coercive action shall be taken against the applicants.

Neutral Citation No. - 2025:AHC:86228

Court No. - 74

Case :- APPLICATION U/S 482 No. - 37518 of 2024

Applicant :- Chandan Jaysawal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the parties

This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 10.01.2016 including the entire proceedings of Case No. 2061 of 2016 (State vs. Shyamsumder Chaurasiya and others) arising out of Case Crime No. 1367 of 2015, under sections 147, 323, 332, 504, 506, 336, 379, 186, 290, 427 IPC, Sections 2/3 of Prevention of Damages to Public Property Act, Section 7 of Criminal Law Amendment Act, Police Station-Shyamdeurawa, District-Maharajganj pending in the court of learned Chief Judicial Magistrate, Maharajganj as well as to stay the further proceedings of abovementioned case.

At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail applications may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for the respondents have no objection.

In view of the aforesaid, the instant application under section 482 Cr.P.C. is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law.

However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein.

Order Date :- 21.5.2025 #Vik/-

Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad