X Juvenile and 8 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

X Juvenile and 8 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Protection from coercive measures for four weeks or till the surrender application is decided, whichever is earlier; liberty to surrender within four weeks; direction to the courts below to dispose of the bail/surrender application expeditiously after hearing the informant, keeping in view the Satender Kumar Antil (2021) 10 SCC 773 guidelines.

Issue for consideration

Whether, the applicants having given up their quashing challenge and undertaking to surrender, protection from coercive process should be extended to them for a limited period with a direction for expeditious disposal of their bail/surrender applications by the court below.

Court's answer

The applicants were directed to surrender before the concerned court below within four weeks, and upon applying for bail, the courts below were to dispose of the bail application expeditiously, after hearing the informant, in accordance with law and keeping in view the Apex Court guidelines in Satender Kumar Antil (2021) 10 SCC 773.

Ratio / Principle

No coercive measure was to be taken against the applicants for four weeks from the order or till the surrender application was decided, whichever was earlier.

Key takeaways

If the applicants failed to comply with the directions, the court below was left free to take such measures for securing their appearance as required under law.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Manju Rani Chauhan, J.) — Application under S. 528 BNSS No. 6502 of 2025 filed by nine applicants (including one juvenile) to quash charge sheet no.1286/2024 dated 18.12.2022, cognizance order dated 16.08.2024 and proceedings in Case No.693 of 2022 (State vs. Munni Lal and others) arising out of Case Crime No.693 of 2022, Sections 147, 323, 504, 452, 427, 506 IPC, P.S. Handia, District Prayagraj, pending before the ACJM, Prayagraj. Counsel for the applicants gave up the quashing challenge and confined the request to protection to surrender. The Court directed surrender within four weeks; directed expeditious disposal of the bail/surrender application after hearing the informant in accordance with law and keeping in view the Apex Court guidelines in Satender Kumar Antil v. CBI, (2021) 10 SCC 773; and ordered that no coercive measure be taken against the applicants for four weeks or till the surrender application is decided, whichever is earlier, failing which the court below was free to secure their appearance per law. Application disposed of on 13.5.2025.

Neutral Citation No. - 2025:AHC:78418

Court No. - 52

Case :- APPLICATION U/S 528 BNSS No. - 6502 of 2025

Applicant :- X Juvenile And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Supplementary affidavit filed by learned counsel for the applicants today in the Court, is taken on record. Office is directed to register the same.

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

This application has been filed by the applicants with a prayer to quash the charge sheet no.1286/2024, dated 18.12.2022 and cognizance order dated 16.08.2024 as well as the entire proceedings in Case No.693 of 2022 (State vs. Munni Lal and others), arising out of Case Crime No.693 of 2022, under Sections 147, 323, 504, 452, 427, 506 IPC, Police Station-Handia, DistrictPrayagraj, pending before the court of Additional Chief Judicial Magistrate, Prayagraj.

At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. In para 2 of the supplementary affidavit, learned counsel for the applicants stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application/surrender application of the applicants expeditiously.

Learned A.G.A. for the State submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.

In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the

applicants shall surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below, after hearing the informant, in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

For the period of four weeks from today or till the surrender application is decided, whichever is earlier, no coercive measure shall be taken against the applicants.

In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law.

With the above observations and directions, this application is disposed of.

Order Date :- 13.5.2025 Jitendra/-

Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad