Vikas Singh and 2 Other vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Vikas Singh and 2 Other vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing relief refused; alternative prayer accepted — applicants to surrender within three weeks and have their bail application decided expeditiously in terms of Satender Kumar Antil v. CBI, with no coercive action for three weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the charge-sheet dated 02.02.2024, the cognizance order dated 05.06.2024 and the entire proceedings in Case No. 19183 of 2024 (Case Crime No. 637 of 2023) pending before the Chief Judicial Magistrate, Hamirpur, should be quashed via the application under Section 482 Cr.P.C. +1 more

Court's answer

The relief sought by the application (quashing of the charge-sheet dated 02.02.2024, cognizance order dated 05.06.2024 and the entire proceedings) was refused, since learned counsel did not press that relief on merits.

Ratio / Principle

The applicants were directed to surrender before the concerned court below within three weeks, and in case they apply for bail, the bail application is to 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 the period of three weeks from the order, or till surrender of the applicants before the court below, whichever is earlier, no coercive action shall be taken against them.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), Application U/S 482 No. 43897 of 2024 (Neutral Citation 2025:AHC:59902), Order dated 22.4.2025 — Vikas Singh and two others applied under Section 482 Cr.P.C. to quash the charge-sheet dated 02.02.2024, cognizance order dated 05.06.2024 and the entire proceeding of Case No. 19183 of 2024 arising out of Case Crime No. 637 of 2023 (State vs. Vikas Singh and others), under sections 323, 325, 504 & 506 I.P.C., P.S. Sumerpur, District Hamirpur, pending before the Chief Judicial Magistrate, Hamirpur. Counsel for the applicants did not press the quashing relief on merits and instead prayed that the courts below decide the applicants' bail application expeditiously; the learned A.G.A. had no objection. The quashing relief was accordingly refused. The applicants were directed to surrender before the court below within three weeks, their bail application to be decided expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922; and for three weeks or till surrender, whichever was earlier, no coercive action was to be taken against them. Application disposed of.

Neutral Citation No. - 2025:AHC:59902

Court No. - 84 Case :- APPLICATION U/S 482 No. - 43897 of 2024 Applicant :- Vikas Singh And 2 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar 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 02.02.2024,cognizance order dated 05.06.2024 as well as to quash the entire proceeding of Case No.19183 of 2024 arising out of Case Crime No.637 of 2023 (State vs. Vikas Singh and others), under sections 323, 325, 504 & 506 I.P.C., P.S.Sumerpur, District Hamirpur, pending in the court of Chief Judicial Magistrate, Hamirpur.

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 :- 22.4.2025/SKD

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