Shanu Alias Noor Alam vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Shanu Alias Noor Alam vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. disposed of with liberty to the applicant to appear before the court concerned within three weeks and move a bail application, to be considered and disposed of in terms of the guidelines/observations in Satendra Kumar Antil (2021) 10 SCC 773; no coercive action against the applicant for three weeks; the order to be of no avail if no such application is moved in time. The quashing prayer was relinquished by the applicant's counsel and therefore not decided.

Issue for consideration

Whether the charge sheet no. 22 dated 13.01.2023, the cognizance/summoning order dated 01.07.2024 passed by the Additional Chief Judicial Magistrate, Ist, Kanpur Dehat, and the entire criminal proceeding of Case no. 03/2021 under Section 3/7 Essential Commodity Act should be quashed. +1 more

Ratio / Principle

If the applicant appears before the court concerned within three weeks and moves an application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by the Hon'ble Apex Court in Satendra Kumar Antil (supra).

Key takeaways

For a period of three weeks from the date of the order, no coercive action shall be taken against the applicant.ratio¶8
If no bail application is moved within the prescribed period of three weeks, the protective order will be of no avail to the applicant.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.), Application U/S 482 No. 42234 of 2024, Shanu Alias Noor Alam v. State of U.P. and Another (decided 09.05.2025) — Section 482 Cr.P.C. petition seeking quashing of charge sheet no. 22 dated 13.01.2023, cognizance/summoning order dated 01.07.2024 of the Additional Chief Judicial Magistrate, Ist, Kanpur Dehat, and the entire criminal proceeding of Case no. 03/2021 under Section 3/7 Essential Commodity Act, PS Akabarpur, District Kanpur Dehat. Counsel for the applicant relinquished the quashing prayer and elected to move a bail application before the trial court in view of the guidelines/observations of the Hon'ble Apex Court in Satendra Kumar Antil v. Central Bureau of Investigation, (2021) 10 SCC 773; the learned A.G.A. had no objection. The Court directed that if the applicant appeared within three weeks and moved a bail application, it would be considered and disposed of in terms of Satendra Kumar Antil (supra); no coercive action was to be taken against the applicant for three weeks; and the order would be of no avail if no such application was moved within the prescribed time. The application was accordingly disposed of.

Neutral Citation No. - 2025:AHC:76370

Court No. - 74

Case :- APPLICATION U/S 482 No. - 42234 of 2024

Applicant :- Shanu Alias Noor Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Singh Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

At the very outset, learned counsel for applicant submitted that there is a typographical mistake which may be permitted to score out.

Prayer as made is allowed. Necessary incorporation shall be carried out during course of the day.

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

This application has been filed by the applicant with the prayer "...to the charge sheet no. 22 dated 13.01.2023, cognizance order/summoning order dated 01.07.2024 passed by Additional Chief Judicial Magistrate, Ist, Kanpur Dehat as well as entire Criminal Proceeding of Case no. 03/2021 under Section 3/7 Essential Commodity Act, PS- Akabarpur, District Kanpur Dehat pending in court of Additional Chief Judicial Magistrate, Court no. 1, Kanpur Dehat."

At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

Learned AGA has no objection to the prayer so made.

Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and move application for bail, the same shall be considered and disposed of in terms of the

guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).

For a period of three weeks from today, no coercive action shall be taken against the applicant.

It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.

With the above direction, the instant application under Section 482 Cr.P.C. stands disposed of.

Order Date :- 9.5.2025 Shaswat

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