Sanjay Sahu vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Sanjay Sahu vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application dismissed; applicant directed to appear before the learned court concerned in pursuance to N.B.W. order dated 03.02.2025 within 15 days; no coercive action against the applicant for 15 days, whereafter the concerned court to proceed as per law; order of no avail if no such application is moved within the prescribed time.

Issue for consideration

Whether the entire criminal proceeding in Criminal Case No. 3017 of 2013, including the charge sheet dated 14.06.2013 and the cognizance/summoning order dated 12.07.2013, arising out of Crime No. 1438 of 2012, is liable to be quashed against the applicant Sanjay Sahu.

Court's answer

After hearing rival submissions and bare perusal of record, there appears to be no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order, and the learned court concerned has rightly proceeded against the applicant.

Ratio / Principle

The prayer made through the instant application under Section 528 BNSS is refused and the application is dismissed.

Key takeaways

The applicant is directed to appear before the learned court concerned in pursuance to the N.B.W. order dated 03.02.2025 within 15 days.ratio¶19
For a period of 15 days no coercive action shall be taken against the applicant; after expiry of that period the learned concerned court is directed to proceed as per law.ratio¶20
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Saurabh Srivastava, J.) — Application under Section 528 BNSS No. 18930 of 2025 filed by Sanjay Sahu seeking quashing of the entire criminal proceeding in Criminal Case No. 3017 of 2013 (State vs. Rajendra Mathuriya and others) pending before A.M.M., 7th, Badaun, including charge sheet dated 14.06.2013 and summoning order dated 12.07.2013 passed by Judicial Magistrate, Budaun, arising out of Crime No. 1438 of 2012, P.S. Civil Line, District Budaun, under Sections 147, 148, 149, 447, 427, 332, 34, 420, 467, 468, 471 IPC and Section 7 C.L.A. Act. The Court found no illegality or impropriety in the impugned charge-sheet and cognizance/summoning order and held that the learned court concerned had rightly proceeded against the applicant; the application was dismissed. The applicant was directed to appear before the learned court concerned in pursuance to the N.B.W. order dated 03.02.2025 within 15 days; no coercive action was to be taken for 15 days, thereafter the trial court to proceed as per law; the order to be of no avail if no such application was moved within the prescribed time.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 18930 of 2025

Sanjay Sahu

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Balwant Singh, Vindeshwari Prasad
Counsel for Opposite Party(s)	: G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for the applicant and learned A.G.A. for the State perused the record.

This application has been filed by the applicant to quash the entire criminal proceeding in criminal Case no. 3017 of 2013 (State vs. Rajendra Mathuriya and others) pending in the court of A.M.M, 7th Badaun including the charge sheet dated 14.06.2013 and summoning order dated 12.07.2013 passed by Judicial Magistrate, Budaun arising out of Crime No.1438 of 2012 under Sections 147, 148, 149, 447, 427, 332, 34, 420, 467, 468, 471 IPC and Section 7 C.L.A. Act, Police Station Civil Line, District Budaun.

Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this court.

Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned the applicant.

After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears to be no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant.

In view of above, the prayer as made through instant application under Section 528 BNSS is refused and the same is hereby dismissed .

At the last learned counsel for the applicant prayed that he may be permitted to appear before learned trial court.

Considering the facts and circumstances of the matter, applicant is

NA528 No. 18930 of 2025

2

directed to appear before the learned court concerned in pursuance to N.B.W order dated 03.02.2025 within 15 days from today.

For a period of 15 days from today, no coercive action shall be taken against the applicant. After the expiry of aforesaid period of 15 days, learned concerned court is directed to proceed as per law.

It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.

October 27, 2025 Rakesh

(Saurabh Srivastava,J.)

Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad