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

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

What the court decided

AI extract

Outcome

Main quashing relief refused. Alternative prayer allowed: applicant 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 v. CBI (2021 SCC OnLine SC 922); no coercive action against the applicant for three weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the entire proceedings of Case No.2197 of 2025 (arising out of Crime No.224 of 2025) and the summoning order dated 03.09.2025 should be quashed. +1 more

Court's answer

The relief sought in the application (quashing of the proceedings and the summoning order) was refused, learned counsel for the applicant having not pressed that relief on merits.

Ratio / Principle

On the alternative prayer, the applicant was directed to surrender before the concerned Court below within three weeks, and if he applies 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 v. Central Bureau of Investigation, 2021 SCC OnLine SC 922.

Key takeaways

For three weeks from the date of the order or until the applicant surrenders before the Court below, whichever is earlier, no coercive action is to be taken against him.ratio¶17
With the aforesaid directions, the application under Section 528 BNSS stands disposed of.ratio¶18

Detailed headnote1 paragraphs

Quashing application under S. 528 BNSS against proceedings in Case No.2197 of 2025 (Crime No.224 of 2025, P.S. Sasni) under ss. 115(2), 352, 351(2), 118, 324(4), 110, 117(2) BNS and s. 3(1)ध, 3(1)द SC/ST Act pending before the Special Judge (SC/ST) Act, Hathras, and the summoning order dated 03.09.2025 — counsel did not press the quashing relief on merits and sought only a direction for expeditious disposal of the bail application — main relief refused; applicant directed to surrender within three weeks; bail application, if moved, to be decided expeditiously in accordance with Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922; no coercive action for three weeks or till surrender, whichever is earlier — application disposed of (Deepak Verma, J., November 18, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 45336 of 2025

Arun Kumar

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Janardan Prasad Tripathi
Counsel for Opposite Party(s)	:	G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This application under Section 528 BNSS has been filed by the applicant to quash the entire proceeding of Case No.2197 of 2025, arising out case Crime No.224 of 2025, U/s 115(2), 352,351 (2), 118, 324(4), 110, 117(2) BNS & Section 3(1)ध, 3(1)द of SC/ST Act, P.S. Sasni, pending in the court of Learned Special Judge (SC / ST) Act, Hathras, and summoning order dated 03.09.2025, may also be quashed.

On the matter being taken up, learned counsel for the applicant 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 applicant expeditiously.

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

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

Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within three weeks from today and in case applies 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

NA528 No. 45336 of 2025

2

Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.

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

With the aforesaid directions, this application under Section 528 BNSS stands disposed of.

(Deepak Verma,J.)

November 18, 2025

Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad