Guddi and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Guddi and 3 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with a direction that if the applicants surrender within three weeks and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law; no coercive action against the applicants till three weeks from the date of the order.

Issue for consideration

Whether the chargesheet no. 47 of 2024 dated 27.01.2024, the cognizance/summoning order dated 23.10.2024 and the entire proceedings of Case No. 15518 of 2024 arising out of Case Crime No. 378 of 2023 should be quashed. +1 more

Court's answer

The application under section 528 BNSS is finally disposed of with a direction that if the applicants surrender before the court concerned within three weeks and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law.

Ratio / Principle

No coercive action shall be taken against the applicants till three weeks from the date of the order.

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.), by order dated 24.4.2025, disposed of an application under section 528 BNSS filed by Guddi and 3 others seeking quashing of chargesheet no. 47 of 2024 dated 27.01.2024, the cognizance/summoning order dated 23.10.2024, and the entire proceedings of Case No. 15518 of 2024 (State vs. Guddi and Others) arising out of Case Crime No. 378 of 2023 under sections 147, 148, 323, 504, 506, 427 IPC and section 7 of the Criminal Law Amendment Act, P.S. Sadar Bazar, District Agra, pending before the Chief Judicial Magistrate, Agra. Learned counsel for the applicants did not press the application on merits and confined the prayer to a direction for expeditious consideration of bail upon surrender, invoking Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825), to which counsel for the respondents had no objection. The Court disposed of the application directing that if the applicants surrender before the court concerned within three weeks and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law, and clarified that till three weeks from the date of the order no coercive action shall be taken against the applicants.

Neutral Citation No. - 2025:AHC:63545

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 11521 of 2025

Applicant :- Guddi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Afsana,Mohd Kadim Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

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

This application under section 528 BNSS has been preferred to quash the chargesheet no.47 of 2024 dated 27.01.2024, cognizance/summoning taking order dated 23.10.2024 and the entire proceedings of Case No.15518 of 2024 (State vs. Guddi and Others) arising out of Case Crime No.378 of 2023, under sections 147, 148, 323, 504, 506, 427 I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Sadar Bazar, District- Agra, pending in the court of learned Chief Judicial Magistrate, Agra as well as to stay the further proceedings of abovementioned case.

At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for the respondents have no objection.

In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law.

However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein.

Order Date :- 24.4.2025 Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad