Jamshed Anwar and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Jamshed Anwar and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer refused; application disposed of with liberty to the applicants to surrender before the court concerned within three weeks and apply for bail, with a direction that the bail application be considered and decided expeditiously in accordance with Satender Kumar Antil v. CBI (2022 SCC OnLine SC 825), and that no coercive action be taken against the applicants till three weeks from the date of the order.

Issue for consideration

Whether the chargesheet dated 8.8.2024, the cognizance/summoning order dated 23.12.2024 and the entire proceedings of Case Crime No. 78 of 2024 are liable to be quashed. +1 more

Court's answer

On perusal of the narration of FIR, the impugned order and the chargesheet, the Court found this not to be a case requiring interference; no ground was made out in the application on which the impugned order, chargesheet and entire proceedings could be set aside.

Ratio / Principle

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

Key takeaways

In case 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. CBI.ratio¶¶16
Till three weeks from the date of the order, no coercive action shall be taken against the applicants in pursuance of the aforesaid case.ratio¶¶17

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.) disposed of an application under Section 528 BNSS seeking quashing of a chargesheet dated 8.8.2024 and cognizance/summoning order dated 23.12.2024 in Case Crime No. 78 of 2024 under Section 30 of the Arms Act, 1959 (P.S. Chamanganj, Kanpur Nagar). On perusal of the FIR narration, impugned order and chargesheet, the Court found no ground warranting interference and refused the quashing prayer. However, the applicants were permitted to surrender within three weeks and apply for bail, with a direction that the bail application be considered and decided expeditiously in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation, 2022 SCC OnLine SC 825, and it was directed that no coercive action be taken against the applicants till three weeks from the date of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 41838 of 2025

Jamshed Anwar And Another

.....Applicant(s)

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

Court No. - 78

HON'BLE VIVEK KUMAR SINGH, J.

Heard Sri Vishal Jaiswal, learned counsel for applicants and Ms. Pratiksha Rai, learned brief holder appearing for the State.

This present application has been filed for seeking quashing of chargesheet dated 8.8.2024 along with cognizance/summoning order dated 23.12.2024 and entire proceeding of Case arising out of Case Crime No. 78 of 2024 (State vs. Jamshed Anwar and another), under Sections 30 of Arms Act, 1959, P.S. Chamanganj, District Central District Comissionerate, Kanpur Nagar, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 10, District Kanpur Nagar.

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.

In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicants

NA528 No. 41838 of 2025

2

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.

(Vivek Kumar Singh,J.)

November 6, 2025

A.P. Pandey

Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad