Sandeep Vishwakarma Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Sandeep Vishwakarma Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing relief refused; alternative prayer allowed - applicant to surrender before the Court below within three weeks, bail application (if moved) to be decided expeditiously in accordance with Satender Kumar Antil v. CBI, and no coercive action against him for three weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the charge-sheet no. 142/2023 dated 17.11.2023, summoning order dated 11.12.2023 and the entire proceedings of Case No. 425791 of 2023 (State vs. Sandeep Vishwakarma), arising out of Case Crime No. 0090 of 2023 under Sections 420, 406, 506 I.P.C., should be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The principal relief sought (quashing of the charge-sheet, summoning order and proceedings) is refused, as learned counsel for the applicant did not press it on merits.

Ratio / Principle

The applicant is directed to surrender before the concerned 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. Central Bureau of Investigation and another.

Key takeaways

For three weeks from the date of the order, or until the applicant surrenders before the Court below, whichever is earlier, no coercive action shall be taken against him.ratio¶7

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) disposed of an application under Section 482 Cr.P.C. by Sandeep Vishwakarma seeking quashing of charge-sheet no. 142/2023 dated 17.11.2023, summoning order dated 11.12.2023 and the entire proceedings of Case No. 425791 of 2023 (State vs. Sandeep Vishwakarma), arising out of Case Crime No. 0090 of 2023 under Sections 420, 406, 506 I.P.C., Police Station Phaphamau, District Prayagraj, pending before the Chief Judicial Magistrate, Allahabad (Prayagraj). Counsel for the applicant did not press the quashing relief on merits and sought only a direction for expeditious disposal of his bail application; the Court accordingly refused the principal relief. The applicant was directed to surrender before the Court below within three weeks, with any bail application to be decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another, 2021 SCC OnLine SC 922. No coercive action was to be taken against the applicant for three weeks or until surrender, whichever was earlier.

Neutral Citation No. - 2025:AHC:134494

Court No. - 72

Case :- APPLICATION U/S 482 No. - 41599 of 2024

Applicant :- Sandeep Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhay Kumar Dwivedi,Jyoti Mishra,Nagesh Kumar Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet no. 142/2023 dated 17.11.2023, summoning order dated 11.12.2023 as well as the entire proceeding of Case No. 425791 of 2023 (State vs. Sandeep Vishwakarma), arising out of Case Crime No. 0090 of 2023, under Sections 420, 406, 506 I.P.C., Police Station- Phaphamau, DistrictPrayagraj, pending in the Court of Chief Judicial Magistrate, Allahabad (Prayagraj).

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 him.

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

Order Date :- 8.8.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad