Abhishek and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Abhishek and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for quashing the charge sheet dated 23.1.2025, cognizance/summoning order dated 19.3.2025 and entire criminal proceedings refused; application finally disposed of with directions that if the applicants surrender within 15 days and apply for bail, the bail application be considered and decided expeditiously in accordance with Satender Kumar Antil (2022 SCC OnLine SC 825); no coercive action against the applicants till 15 days; liberty to avail all other remedies available at law.

Issue for consideration

Whether the entire proceedings pursuant to charge sheet dated 23.1.2025 (charge sheet no. 1 of 2025) and the cognizance/summoning order dated 19.3.2025 passed by the Judicial Magistrate, Siddharth Nagar in Criminal Case no. 2733 of 2025 (State vs. Abhishek and others) under Sections 115(2), 110, 333, 324(4) BNS, arising out of Case Crime no. 212 of 2024, PS Mohana, deserve to be quashed.

Court's answer

On perusal of the material on record including the impugned order, the Court found this not to be a case requiring its interference; no ground was made out in the application on which the impugned order and the entire criminal proceedings of the said case could be set aside.

Ratio / Principle

The prayer sought through the instant application (quashing of the charge-sheet proceedings and cognizance/summoning order) was refused.

Key takeaways

If the applicants surrender before the court concerned within 15 days and apply for bail, then subject to there being no other legal impediment, their bail application shall be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825).ratio¶16
Till 15 days from the date of the order, no coercive action shall be taken against the applicants in pursuance of the aforesaid case, and the applicants remain at liberty to avail all other remedies available at law.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.), in an application under Section 528 BNSS, declined to quash charge sheet dated 23.1.2025 (charge sheet no. 1 of 2025) and the cognizance/summoning order dated 19.3.2025 passed by the Judicial Magistrate, Siddharth Nagar in Criminal Case no. 2733 of 2025 (State vs. Abhishek and others) under Sections 115(2), 110, 333, 324(4) BNS, PS Mohana, arising out of Case Crime no. 212 of 2024, holding that no ground for interference was made out. The application was finally disposed of: the quashing prayer was refused, but the applicants were permitted to surrender within 15 days and apply for bail, with a direction that the bail application be considered and decided expeditiously in accordance with Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825); no coercive action was to be taken against the applicants during that period, and liberty was reserved to pursue all other remedies available at law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 24489 of 2025

Abhishek And 2 Others

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Mohammad Mustafa
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 entire proceedings of charge sheet dated 23.1.2025 as charge sheet no. 1 of 2025 as well as cognizance/summoning order dated 19.3.2025 passed by learned Judicial Magistrate, Siddharth Nagar registered as Criminal Case no. 2733 of 2025 (State vs. Abhishek and others) under sections 115(2), 110, 333, 324(4) of BNS, PS- Mohana, District Siddharth Nagar arising out of Case Crime no. 212 of 2024.

On perusal of the entire material available on record in shape of impugned order along with other record, 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 entire criminal 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.

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

NA528 No. 24489 of 2025

2

before the court concerned within a period of 15 days from today and apply for bail, if there is no other legal impediment before learned court concerned, 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 15 days from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case.Applicants are at liberty to avail all other remedy available at law.

(Saurabh Srivastava,J.)

October 29, 2025

Shaswat

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