Rajesh Alias Rinku and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rajesh Alias Rinku and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing relief refused as not pressed; alternative prayer allowed: applicants to surrender before the concerned Court below within three weeks, bail application if filed to be decided expeditiously by the courts below in accordance with Satender Kumar Antil (2021 SCC OnLine SC 922), and no coercive action against the applicants for three weeks or until surrender, whichever is earlier.

Issue for consideration

Whether the summoning order dated 11.08.2025 and the entire criminal proceedings in Special Complaint Case No. 104 of 2024 ought to be quashed. +1 more

Court's answer

The principal relief sought in the application, namely quashing of the summoning order dated 11.08.2025 and the criminal proceedings, was refused, as learned counsel did not press that relief on merit.

Ratio / Principle

On the alternative prayer, the applicants were directed to surrender before the concerned Court below within three weeks, and upon applying for bail, the bail application is to be decided expeditiously by the courts below in accordance with the law laid down by the Apex Court in Satender Kumar Antil (2021 SCC OnLine SC 922).

Key takeaways

Interim protection: for a period of three weeks from the date of the order, or until the applicants surrender before the Court below, whichever is earlier, no coercive action shall be taken against them.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) disposed of an application under Section 528 BNSS seeking quashing of the summoning order dated 11.08.2025 and the entire criminal proceedings in Special Complaint Case No. 104 of 2024 (Virendra @ Viro Vs. Rajesh @ Rinku and others) under Sections 452, 323, 354, 504 & 506 IPC and Section 3(1) Da, Dha of the SC/ST Act, Police Station Jamunapar, District Mathura. Counsel for the applicants did not press the quashing relief on merit and sought only a direction for expeditious disposal of the bail application, to which the learned A.G.A. had no objection. The Court refused the quashing relief, directed the applicants to surrender within three weeks, directed that any bail application be decided expeditiously in accordance with Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922, and ordered that no coercive action be taken against the applicants for three weeks or until surrender, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 40169 of 2025

Rajesh Alias Rinku And 4 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Garun Pal Singh
Counsel for Opposite Party(s)		: G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

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

Present 528 B.N.S.S. application has been filed to quash the summoning order dated 11.08.2025 as well as entire criminal proceeding of Special Complaint Case No. 104 of 2024 (Virendra @ Viro Vs. Rajesh @ Rinku and others), U/s 452, 323, 354, 504 & 506 I.P.C. and Section 3(1) Da, Dha of SC/ST Act for applicant No. 1 and for the offence under Sections 452, 323, 504 & 506 I.P.C. and Section 3(1) Da, Dha of SC/ST Act for the applicants No. 2 to 5, Police Station Jamunapar, District Mathura.

On the matter being taken up, learned counsel for the applicants has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously.

Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

Accordingly the relief as sought by the applicants through this application is refused.

Considering the aforesaid alternative prayer of the applicant, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.

NA528 No. 40169 of 2025

2

For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of.

(Deepak Verma,J.)

November 19, 2025

Meenu Singh

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