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

Nilesh Kumar and 3 Others 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; alternative prayer allowed - applicants to surrender within three weeks, bail application to be decided expeditiously in accordance with Satender Kumar Antil (2021 SCC OnLine SC 922), and no coercive action against them for three weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the charge-sheet dated 21.05.2020 and the entire proceedings in Case No.7443 of 2023 arising out of Case Crime No.101 of 2020 (Sections 147, 452, 323, 325, 308 I.P.C., P.S. Dibiyapur, District Auriaya) ought to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The principal relief sought through the application (quashing of the charge-sheet and proceedings) is refused, the applicants having not pressed it on merits.

Ratio / Principle

The applicants are directed to surrender before the concerned 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 by the Apex Court in Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922.

Key takeaways

For a period of three weeks from the date of the order, or until the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against them.ratio¶12

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. to quash charge-sheet dated 21.05.2020 and proceedings in Case No.7443 of 2023 (Case Crime No.101 of 2020, Sections 147, 452, 323, 325, 308 I.P.C., P.S. Dibiyapur, District Auriaya): quashing relief not pressed on merits and accordingly refused. Alternative prayer allowed - applicants directed to surrender before the court below within three weeks; bail application, if made, to be decided expeditiously in accordance with Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922; no coercive action for three weeks or till surrender, whichever is earlier. Application disposed of (Deepak Verma, J.; order date 5.8.2025; Neutral Citation 2025:AHC:131181).

Neutral Citation No. - 2025:AHC:131181

Court No. - 72

Case :- APPLICATION U/S 482 No. - 42902 of 2024

Applicant :- Nilesh Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Pathak 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 21.05.2020 as well as entire proceedings in Case No.7443 of 2023 arising out of Case Crime No.101 of 2020, under Sections 147, 452, 323,325, 308 I.P.C., P.S. Dibiyapur, District Auriaya.

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 :- 5.8.2025 SKD

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