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

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

What the court decided

AI extract

Outcome

Original quashing relief refused; alternative prayer granted — applicant to surrender before the court below within three weeks, bail application (if made) to be decided expeditiously by the courts below per the law laid down in Satender Kumar Antil (2021 SCC OnLine SC 922), and no coercive action against the applicant for three weeks or until surrender, whichever is earlier.

Issue for consideration

Whether the impugned Cognizance/Summoning order dated 08.08.2024 and the entire criminal proceeding of Case No. 20571/2024 arising out of charge-sheet dated 03.04.2024 (Case Crime No. 08/2024, sections 323, 354, 406 I.P.C.) should be quashed. +1 more

Court's answer

On the alternative prayer, the applicant is directed to surrender before the concerned court below within three weeks, and if he applies for bail, the courts below shall decide the bail application expeditiously, in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation and another, 2021 SCC OnLine SC 922.

Ratio / Principle

The relief as sought by the applicant through this Section 482 application (quashing of the cognizance/summoning order and the criminal proceedings), having not been pressed on merit, is refused.

Key takeaways

For three weeks from the date of the order, or till the applicant surrenders before the court below, whichever is earlier, no coercive action shall be taken against him.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Deepak Verma, J.; Order Date 17.7.2025) disposed of an application under Section 482 Cr.P.C. (No. 44525 of 2024) filed by Rambilas Yadav seeking quashing of the Cognizance/Summoning order dated 08.08.2024 passed by the in-charge Judicial Magistrate/Fast Track Court (crimes against Women), District Mau, and of the entire criminal proceeding of Case No. 20571/2024 (State Versus Rambilas) arising out of charge-sheet dated 03.04.2024 in Case Crime No. 08/2024, under sections 323, 354, 406 I.P.C., Police Station Sarailakhansi, District Mau. The applicant did not press the quashing relief on merit and sought only a direction that his bail application be decided expeditiously; the A.G.A. raised no objection. The relief sought was accordingly refused. On the alternative prayer, the court directed the applicant to surrender before the court below within three weeks and directed that any bail application be decided expeditiously in accordance with the law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC OnLine SC 922; further, no coercive action was to be taken against the applicant for three weeks or till surrender, whichever is earlier.

Neutral Citation No. - 2025:AHC:115669

Court No. - 72

Case :- APPLICATION U/S 482 No. - 44525 of 2024

Applicant :- Rambilas Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Tiwari,Anil Kumar Rajak 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 impugned Cognizance/Summoning 08.08.2024 passed by learned in-charge Judicial Magistrate/ Fast Track Court (crimes against Women), District- Mau as well as the entire criminal proceeding of Case No. 20571/2024 (State Versus Rambilas), arising out of charge-sheet dated 03.04.2024, arising out of Case Crime No. 08/2024, under section 323, 354, 406 I.P.C., Police Station-Sarailakhansi, District-Mau Pending before the learned in-charge Judicial Magistrate/ Fast Track court(crimes against women), District- Mau.

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 :- 17.7.2025 Aditya

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