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

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

What the court decided

AI extract

Outcome

Application disposed of: 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 (2022 SCC OnLine SC 825); no coercive action against the applicants till three weeks.

Issue for consideration

Whether the chargesheet dated 19.11.2020, the cognizance/summoning order dated 21.12.2024 and the entire proceedings of Case No. 596 of 2025 (arising out of Case Crime No. 867 of 2018, under Section 3/7 of the Essential Commodities Act) are liable to be quashed.

Court's answer

On perusal of the narration of the FIR, the impugned order, the chargesheet and the injury report, the Court found no case for interference and no ground on which the impugned order, chargesheet and entire proceedings of the case could be set aside.

Ratio / Principle

The prayer sought through the instant application is refused.

Key takeaways

The application was disposed of with a direction that if 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 Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825).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.), Application U/S 528 BNSS No. 42889 of 2025, decided December 2, 2025: quashing sought of chargesheet dated 19.11.2020 and cognizance/summoning order dated 21.12.2024 in Case No. 596 of 2025, arising out of Case Crime No. 867 of 2018 under Section 3/7 of the Essential Commodities Act, P.S. Sardhana, District Meerut, pending before A.C.J.M., Court No. 1, Meerut. On perusal of the FIR narration, impugned order, chargesheet and injury report, the Court found no ground warranting interference; the prayer was refused. The application was disposed of with liberty to the applicants to surrender within three weeks and apply for bail, the bail application to 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 directed to be taken against the applicants till three weeks.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42889 of 2025

Sudhir Sharma And Another

.....Applicant(s)

	Versus
State of U.P. and Another		..	...Opposite Party(s)
Counsel for Applicant(s)	: Mukesh Chandra Prakash Gupta	Gupta,	Shubham
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for applicants and learned AGA appearing for the State.

This present application has been filed for seeking quashing of chargesheet dated 19.11.2020 along with cognizance/summoning order dated 21.12.2024 and entire proceeding of Case No. 596 of 2025, arising out of Case Crime No. 867 of 2018, under Section 3/7 of Essential Commodities Act, P.S. Sardhana, District Meerut, pending in the court of A.C.J.M., Court No. 1, Meerut.

On perusal of the narration of FIR as well as impugned order and chargesheet along with injury report, 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 surrender

NA528 No. 42889 of 2025

2

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.)

December 2, 2025

A.P. Pandey

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