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

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

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the charge sheet dated 23.07.2023, cognizance order dated 09.05.2024 and the entire proceedings of Criminal Case No. 816 of 2024 arising out of case crime No. 0076 of 2022 should be quashed. +1 more

Court's answer

The principal relief of quashing the charge sheet, cognizance order and proceedings was refused, as learned counsel did not press that relief on merit and instead sought an expeditious-bail direction.

Ratio / Principle

The applicant is directed to surrender before the court below within three weeks; 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. CBI, 2021 SCC OnLine SC 922.

Key takeaways

No coercive action shall be taken against the applicant for three weeks from the date of the order or until he surrenders before the court below, whichever is earlier.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) disposed of an application under Section 482 Cr.P.C. filed by Atul Pathak seeking quashing of the charge sheet dated 23.07.2023, the cognizance order dated 09.05.2024 and the entire proceedings of Criminal Case No. 816 of 2024 (State v. Atul Pathak), arising out of case crime No. 0076 of 2022 under Sections 379, 411 IPC, P.S. Meerganj, District Jaunpur, pending before A.C.J.M Court No. 4, Jaunpur. Counsel for the applicant did not press the quashing relief on merit and prayed only for a direction to the courts below to decide the bail application expeditiously, to which the A.G.A. had no objection. The Court refused the quashing relief, directed the applicant to surrender within three weeks, ordered that any bail application be decided expeditiously in accordance with Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922, and directed that no coercive action be taken against the applicant for three weeks or till surrender, whichever is earlier.

Neutral Citation No. - 2025:AHC:132692

Court No. - 72 Case :- APPLICATION U/S 482 No. - 41147 of 2024 Applicant :- Atul Pathak Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for applicant; learned A.G.A. for State and perused the record.

Present 482 Cr.P.C. application has been filed to quash the charge sheet dated 23.07.2023; Cognizance order dated 09.05.2024 as well as entire proceedings of Criminal Case No. 816 of 2024 (State Vs. Atul Pathak) in case crime No. 0076 of 2022, under sections 379, 411 I.P.C., Police Station- Meerganj District- Jaunpur, pending in the Court of A.C.J.M court no. 4th, Jaunpur.

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 them.

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

Order Date :- 6.8.2025/Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad