Afzal @ Shera and 2 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Afzal @ Shera and 2 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Main quashing relief refused; applicants directed to surrender within two weeks; protection from arrest for two weeks or till surrender (whichever is earlier); direction to the courts below to dispose of any bail application expeditiously in accordance with law keeping in view the Satender Kumar Antil guidelines.

Issue for consideration

Whether the charge-sheet dated 16.12.2024, cognizance/summoning order dated 15.01.2025 and criminal proceedings in C.I.S. No. 410 of 2025 arising out of Case Crime No. 238 of 2024 ought to be quashed. +1 more

Court's answer

The principal relief sought in the application (quashing of the charge-sheet, cognizance/summoning order and criminal proceedings) is refused, the challenge having been given up by learned counsel for the applicants.

Ratio / Principle

The applicants are directed to surrender before the concerned court below within two weeks from the date of the order.

Key takeaways

If the applicants apply for bail, the bail application shall be disposed of expeditiously by the courts below in accordance with law, keeping in view the guidelines laid down by the Apex Court in Satender Kumar Antil.ratio¶12
For two weeks from the date of the order or until surrender, whichever is earlier, the applicants shall not be arrested in the above case.ratio¶13

Detailed headnote1 paragraphs

Quashing application under Section 528 BNSS against charge-sheet dated 16.12.2024, cognizance/summoning order dated 15.01.2025 and proceedings in C.I.S. No. 410 of 2025 (State Vs. Shahjad and others), arising out of Case Crime No. 238 of 2024 under Sections 333, 115(2), 110, 117(2) BNS, Police Station Khargupur, District Gonda: at the outset, counsel for the applicants gave up the challenge to the charge-sheet, summoning order and criminal proceedings and confined the prayer to protection to surrender and expeditious consideration of bail. Held, the relief as sought is refused; however, the applicants are directed to surrender before the court below within two weeks, during which period (or till surrender, whichever is earlier) they shall not be arrested; any bail application moved by them shall be disposed of expeditiously by the courts below in accordance with law, keeping in view the guidelines in Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. Application disposed of (Sanjay Kumar Singh, J.; order dated 20.2.2025).

Neutral Citation No. - 2025:AHC-LKO:10975

Court No. - 18

Case :- APPLICATION U/S 528 BNSS No. - 125 of 2025

Applicant :- Afzal @ Shera And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dilip Kumar Chaudhary,Mirza Shahid Baig Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

This application under Section 528 BNSS has been filed by the applicants to quash the charge-sheet dated 16.12.2024, cognizance/summoning order dated 15.01.2025 and proceedings of C.I.S. No. 410 of 2025 (State Vs. Shahjad and others) arising out of Case Crime No. 238 of 2024, under Sections 333, 115(2), 110, 117(2) BNS, Police Station Khargupur, District Gonda pending in the court of Chief Judicial Magistrate, Gonda.

At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance/summoning order and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.

Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

In view of the above, the relief as sought by the

applicants in the instant application is refused.

However, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 .

For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

With the above observations and directions, this application under Section 528 BNSS is disposed of.

Order Date :- 20.2.2025 Shubham

Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench