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

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

What the court decided

AI extract

Outcome

Principal prayer to quash the charge sheet dated 24.09.2021, the cognizance order dated 27.10.2023 and the entire proceedings of Case No. 12112 of 2023 (State Vs. Pankaj @ Tinku and others) arising out of Case Crime No. 275 of 2021 was refused; alternative relief granted — applicants to surrender within three weeks, bail application (if made) to be decided expeditiously per Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922, and no coercive action until surrender or expiry of three weeks, whichever is earlier.

Issue for consideration

Whether the charge sheet dated 24.09.2021, the cognizance order dated 27.10.2023 passed in Case No. 12112 of 2023 arising out of Case Crime No. 275 of 2021 under Sections 147, 149, 452, 323, 324, 506 IPC, and the entire proceedings of that case, should be quashed. +1 more

Court's answer

The applicants did not press the relief sought by the application (quashing of the charge sheet dated 24.09.2021, the cognizance order dated 27.10.2023 in Case No. 12112 of 2023 arising out of Case Crime No. 275 of 2021 under Sections 147, 149, 452, 323, 324, 506 IPC, and the entire proceedings thereof) on merit; accordingly, that relief is refused.

Ratio / Principle

In lieu of the refused relief, the applicants are directed to surrender before the concerned Court below within three weeks from today, and if they apply for bail, the courts below shall decide the bail application expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and another, 2021 SCC OnLine SC 922.

Key takeaways

Interim protection: 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.ratio¶¶12

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J., Court No. 84), Application U/S 482 No. 40631 of 2024, decided 17.5.2025 (Neutral Citation 2025:AHC:82537): Applicants (Pankaj alias Tinku and 3 others) sought quashing of the charge sheet dated 24.09.2021 and cognizance order dated 27.10.2023 in Case No. 12112 of 2023 (State Vs. Pankaj @ Tinku and others) arising out of Case Crime No. 275 of 2021 under Sections 147, 149, 452, 323, 324, 506 IPC, pending before the Additional Chief Judicial Magistrate, Court No. 1, Etawah. The quashing relief was not pressed on merit and was expressly refused. The alternative prayer was accepted: applicants to surrender before the court below within three weeks; any bail application to 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 and another, 2021 SCC OnLine SC 922; and for three weeks or until surrender (whichever is earlier) no coercive action to be taken. The application under Section 482 Cr.P.C. stands disposed of on these directions.

Neutral Citation No. - 2025:AHC:82537

Court No. - 84

Case :- APPLICATION U/S 482 No. - 40631 of 2024

Applicant :- Pankaj Alias Tinku And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Dixit 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 24.09.2021 and cognizance order dated 27.10.2023 passed in Case No. 12112 of 2023 (State Vs. Pankaj @ Tinku and others) arising out of Case Crime No. 275 of 2021 under Sections 147, 149, 452, 323, 324, 506 IPC pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Etawah and further to quash the entire proceedings of Case No. 12112 of 2023 (State Vs. Pankaj @ Tinku and others) arising out of Case Crime No. 275 of 2021 under Sections 147, 149, 452, 323, 324, 506 IPC.

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 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.

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 :- 17.5.2025 Jaswant

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