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

Kallu Alias Jagdish 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 prayer refused; applicants given liberty to surrender before the court concerned within three weeks and apply for bail, with the bail application to be considered and decided expeditiously in accordance with law laid down in Satender Kumar Antil v. CBI, and protection from coercive action against them during the three-week period.

Issue for consideration

Whether the chargesheet dated 12.04.2015, the cognizance/summoning order dated 18.11.2016 and the entire criminal proceedings of Case No.1647 of 2016 (State Vs. Jagdish @ Kallu and others), arising out of Case Crime No.394 of 2014, should be quashed by this Court.

Court's answer

On perusal of the narration of the FIR, the impugned order and the chargesheet, the Court found no ground available in the application on the basis of which the impugned order, the chargesheet and the entire proceedings of the case could be set aside; interference by this Court was not warranted.

Ratio / Principle

The prayer sought through the instant application (quashing of the chargesheet, the cognizance/summoning order and the entire proceedings) is refused.

Key takeaways

The Court directed that if the applicants surrender before the court concerned within three weeks and apply for bail, their bail application shall be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation and another.ratio¶13
It was made clear that no coercive action shall be taken against the applicants in pursuance of the aforesaid case until the expiry of three weeks from the date of the order.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) | Application U/S 528 BNSS No. - 19575 of 2025 | Kallu alias Jagdish and 3 others v. State of U.P. and another | Decided 02-12-2025. Quashing application against chargesheet dated 12.04.2015, cognizance/summoning order dated 18.11.2016 and entire proceedings of Case No.1647 of 2016 (State v. Jagdish @ Kallu and others), arising out of Case Crime No.394 of 2014 under Sections 308, 323, 506 IPC, P.S. Mauaima, District Allahabad, pending before Additional Chief Judicial Magistrate-6th, Allahabad. Court found no ground warranting interference; prayer refused and application disposed of. Applicants permitted to surrender within three weeks and apply for bail, to be decided expeditiously in accordance with law laid down in Satender Kumar Antil v. CBI (2022 SCC OnLine SC 825); no coercive action against applicants during the three-week window.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19575 of 2025

Kallu Alias Jagdish And 3 Others

Versus	.....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Zainul Abdin
Counsel for Opposite Party(s)	: G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicants and learned AGA appearing for the State.

This present application has been filed for seeking quashing of chargesheet dated 12.04.2015 along with cognizance/summoning order dated 18.11.2016 and entire proceeding of Case No.1647 of 2016 (State Vs. Jagdish @ Kallu and others), arising out of Case Crime No.394 of 2014, under Sections 308, 323, 506 IPC, P.S. Mauaima, District Allahabad, pending in the court of learned Additional Chief Judicial Magistrate-6th, Allahabad.

On perusal of the narration of FIR as well as impugned order and chargesheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet and entire proceedings of the said case, can be set aside.

Accordingly, the prayer sought through the instant application, is refused.

Lastly, learned counsel for applicants has submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no objection.

NA528 No. 19575 of 2025

2

In view of the aforesaid, the instant application 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 application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825).

However, it is made clear that till three weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case.

December 2, 2025 Vivek Kr.

(Saurabh Srivastava,J.)

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