Pankaj Kumar Kashyap vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Pankaj Kumar Kashyap vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition dismissed, but interim directions issued on counsel's request: petitioner not to be arrested for 60 days if not already arrested; on appearing before the court below within 60 days and applying for regular bail, the application shall be considered as per Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC); failure to appear within the period will result in coercive action; no further time will be granted for surrendering.

Issue for consideration

Whether the FIR dated 31.12.2024 registered as Case Crime No. 0080 of 2024 under Section 409 of IPC at Police Station- Balabehat, District- Lalitpur against the petitioner ought to be quashed. +1 more

Court's answer

After hearing rival contentions, this Court finds that it is not a fit case for quashing the FIR dated 31.12.2024 (Case Crime No. 0080 of 2024, Section 409 IPC).

Ratio / Principle

On the request of learned counsel for the petitioner, if the petitioner appears before the court below within 60 days and applies for regular bail, the bail application shall be considered as per the judgement and order of the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).

Key takeaways

For a period of 60 days, the petitioner shall not be arrested in the aforesaid case, if not already arrested.ratio¶12
In case the petitioner does not appear before the court below within the aforesaid 60-day period, coercive action shall be taken against him.ratio¶13
The petitioner will not be granted any further time by this Court for surrendering before the court below as directed above.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Siddharth, J. and Hon'ble Praveen Kumar Giri, J.) | Neutral Citation: 2025:AHC:21473-DB | Criminal Misc. Writ Petition No. 2727 of 2025 | Order Date 14.2.2025 | Petitioner Pankaj Kumar Kashyap sought quashing of FIR dated 31.12.2024 registered as Case Crime No. 0080 of 2024 under Section 409 of IPC at Police Station- Balabehat, District- Lalitpur, against the petitioner only, and a direction that respondents not arrest him pursuant thereto; learned AGA opposed quashing citing seriousness of allegations. Court held it 'is not a fit case for quashing the FIR' and DISMISSED the writ petition. However, on the petitioner counsel's request, the Court directed that if the petitioner appears before the court below within 60 days and applies for regular bail, it shall be considered as per judgement and order of the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC); for 60 days the petitioner shall not be arrested if not already arrested; failure to appear within the period attracts coercive action; and no further time will be granted for surrendering before the court below.

Neutral Citation No. - 2025:AHC:21473-DB

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 2727 of 2025 Petitioner :- Pankaj Kumar Kashyap Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Counsel for Respondent :- G.A.

Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.

Heard learned counsel for the petitioner; learned A.G.A for the State and perused the material on record.

The present writ petition has been preferred for quashing the FIR dated 31.12.2024 registered as Case Crime No. 0080 of 2024 under Section 409 of IPC at Police Station- Balabehat, District- Lalitpur, against the petitioner only and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR.

Learned counsel for the petitioner submits that petitioner has been falsely implicated regarding the alleged offences.

Learned AGA has opposed the prayer for quashing the FIR in view of the seriousness of the allegations made against the petitioner.

After hearing rival contentions, this Court finds that it is not a fit case for quashing the FIR.

This writ petition is, accordingly, dismissed.

However, on the request of learned counsel for the petitioner, it is directed that in case petitioner appears before the court below within 60 days from today and apply for regular bail, the same shall be considered as per judgement and order of Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

For a period of 60 days, the petitioner shall not be arrested in the aforesaid case, if not already arrested.

However, in case, the petitioner does not appears before the court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the petitioner will not be granted any further time by this Court for surrendering before the court below as directed above.

Order Date :- 14.2.2025

DKS

Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad