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

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

What the court decided

AI extract

Outcome

Direction that upon the applicants' appearance/surrender within three weeks and application for cancellation of warrants or bail, the same shall be considered and decided expeditiously in accordance with law; interim protection from coercive action for three weeks or until surrender, whichever is earlier. Quashing prayer not pressed and not adjudicated.

Issue for consideration

Whether the entire proceedings in Case No. 267 of 2004 (including charge sheet dated 14.01.2002 and order dated 07.08.2013) should be quashed, or whether the applicants should instead be directed to appear/surrender before the trial court and seek cancellation of warrants or bail.

Court's answer

If the applicants appear/surrender before the court concerned within three weeks and apply for cancellation of warrants or for bail, such application shall be considered and decided expeditiously in accordance with law.

Ratio / Principle

Interim protection: for a period of three weeks from the date of the order, or until the applicants surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.) disposed of an application under Section 528 BNSS filed by Gajendra and another seeking quashing of the entire proceedings of Case No. 267 of 2004 (State Vs. Gajendra and Others), arising out of Case Crime No. 578 of 2001 under Sections 427, 506 IPC, Police Station Dadri, District Gautam Buddh Nagar, including charge sheet dated 14.01.2002 and order dated 07.08.2013. Counsel did not press the quashing prayer and sought a direction to enable the applicants to appear and move for bail/cancellation of warrants, it being stated that after bail granted on 08.01.2002 no notice or warrant was served on them. The Court directed that if the applicants appear/surrender within three weeks and apply for cancellation of warrants or bail, the application shall be considered and decided expeditiously in accordance with law, and that no coercive action be taken against them for three weeks or until surrender, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33847 of 2025

Gajendra And Another

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Shravan Kumar Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 71

HON'BLE RAJ BEER SINGH, J.

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

This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge sheet dated 14.01.2002 as well as order dated 07.08.2013, of Case No. 267 of 2004 (State Vs. Gajendra and Others), arising out of Case Crime No. 578 of 2001, under Sections - 427, 506 I.P.C., Police Station - Dadri, District - Gautam Buddh Nagar, pending in the court of Additional Civil Judge (Senior Division)-1st, Gautam Buddh Nagar.

It is submitted by learned counsel for the applicants that in the aforesaid case applicants were granted bail by the Trial court vide order dated 08.01.2002 and after that charge-sheet was submitted. After submission of charge sheet no notice or warrant was served upon upon applicants and thus, they have no knowledge about the impugned proceedings. Referring to facts of the matter, it was submitted that prayer made above is not being pressed and that applicants would appear before the Trial court concerned and a direction may be made to the court concerned to decide their application for cancellation of warrants / application for bail expeditiously and protection may be granted till then.

NA528 No. 33847 of 2025

2

In view of aforesaid, it is directed that in case applicants appear / surrender before the court concerned within a period of three weeks from today and apply for cancellation of warrants or for bail, the same shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today or till the applicants surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

With the aforesaid observations, the application under Section 528 BNSS is disposed of.

October 6, 2025 S Rawat

(Raj Beer Singh,J.)

Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad