Rohit and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rohit and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Principal relief (quashing) refused; alternative prayer accepted: applicants to surrender within three weeks and apply for bail, bail application to be decided expeditiously per Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922), with no coercive action for three weeks or until surrender, whichever is earlier.

Issue for consideration

Whether the charge-sheet dated 18.11.2023, cognizance order dated 12.07.2024 and the entire criminal proceedings of Case No.2930 of 2024 (arising out of case crime no.394 of 2023, Ss.323/504/452/427 IPC, P.S. Allhaganj, Shahjahanpur) should be quashed. +1 more

Court's answer

The principal relief sought by way of the Section 482 Cr.P.C. application (quashment of charge-sheet, cognizance order and proceedings) is refused, as the applicants did not press it on merits.

Ratio / Principle

Applicants are directed to surrender before the 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. CBI (2021 SCC OnLine SC 922).

Key takeaways

No coercive action shall be taken against the applicants for three weeks from the date of the order or till their surrender before the court below, whichever is earlier.ratio¶¶7

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 84) | Deepak Verma, J. | Order dated 23.5.2025 | Neutral Citation No. 2025:AHC:87653. Application u/s 482 Cr.P.C. (No. 39714 of 2024) by Rohit and 3 others seeking quashing of the charge-sheet dated 18.11.2023, cognizance order dated 12.07.2024 and the entire criminal proceedings of Case No.2930 of 2024 (State Vs. Sanjay & others), arising out of case crime no.394 of 2023, U/s 323, 504, 452, 427 I.P.C., P.S. Allhaganj, Distt. Shahjahanpur, pending before the Additional Chief Judicial Magistrate, 2nd, Shahjahanpur. Counsel did not press the relief on merits and sought an alternative direction; the principal relief was refused. On the alternative prayer (accepted by the learned A.G.A.), the applicants were directed to surrender within three weeks and to seek bail, to be decided expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. CBI, 2021 SCC OnLine SC 922; no coercive action for three weeks or until surrender, whichever is earlier. Application disposed of.

Neutral Citation No. - 2025:AHC:87653

Court No. - 84

Case :- APPLICATION U/S 482 No. - 39714 of 2024 Applicant :- Rohit And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pushpendra Kumar Mishra 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 18.11.2023, cognizance order dated 12.07.2024 and entire criminal proceedings of Case No.2930 of 2024, (State Vs. Sanjay & others), arising out of case crime no.394 of 2023, Under Sections-323, 504, 452, 427 I.P.C., Police Station-Allhaganj, District-Shahjahanpur, pending in the court of Additional Chief Judicial Magistrate, 2^nd , Shahjahanpur.

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 :- 23.5.2025 Nitin Verma

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