Disposed¶17

Bhola Shanakr Alias Bhola Shanker Pandey v. State of U.P. and Another

Allahabad HC8 Oct 2025NA528/25881/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application disposed of without adjudicating merits after counsel relinquished the prayer to pursue bail before trial court; interim no-coercive-action protection for three weeks conditioned on appearance and bail application; underlying prosecution under Sections 323, 504, 506, 427 IPC (Case Crime No.17 of 2020, PS Handia, Prayagraj; Criminal Case No.921 of 2024); useful as a precedent only for conditional interim-protection practice, not for quashing law.

What did the court decide?

Three-week window for the applicant to appear before the trial court and move a bail application, which shall be considered and disposed of in accordance with law; interim protection that no coercive action shall be taken during those three weeks, lapsing if no such application is moved. ¶17

Bhola Shanakr Alias Bhola Shanker Pandey Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether the entire proceedings of charge sheet dated 9.7.2020 and summoning order dated 01.08.2024 passed in Criminal Case No.921 of 2024 (arising out of Case Crime No.17 of 2020, under Sections 323, 504, 506, 427 IPC) should be quashed.

¶11

Court's answer

Without interfering into the merits of the case, if the applicant appears before the court concerned within three weeks and moves an application for bail, the same shall be considered and disposed of in accordance with law.

¶14

Ratio / Principle

For a period of three weeks, no coercive action shall be taken against the applicant(s).

¶15

Key takeaways

If no bail application is moved within the prescribed time of three weeks, the protective order will be of no avail to the applicant(s).ratio¶16
Since the prayer for quashment was relinquished at the outset, the application was disposed of on directions without deciding the quashing question on merits.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.), by order dated 09.10.2025, disposed of an application under Section 528 BNSS (No. 25881 of 2025) filed by Bhola Shanakr alias Bhola Shanker Pandey seeking quashing of the charge sheet dated 9.7.2020 and summoning order dated 01.08.2024 in Criminal Case No.921 of 2024 (State vs. Bhola Shankar), arising out of Case Crime No.17 of 2020 under Sections 323, 504, 506, 427 IPC, Police Station Handia, District Prayagraj, pending before the Additional Chief Judicial Magistrate, Court No.8, Prayagraj. At the outset counsel relinquished the quashing prayer, stating he would instead move a bail application before the trial court, to which the learned AGA had no objection. Without entering the merits, the Court directed that if the applicant appears before the court concerned within three weeks and files a bail application, it be considered and disposed of in accordance with law, that no coercive action be taken against him for three weeks, and that the protection would cease to avail him if no such application were filed within the prescribed time.

Bhola Shanakr Alias Bhola Shanker Pandey v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Bhola Shanakr Alias Bhola Shanker Pandey v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases