Shiv Kumar And 2 Others v. State of U.P & Anr.
Case at a glance
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Indian Penal Code, 1860 ss. 323, 394, 506
Judgment
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application u/s 528 BNSS has been filed for quashing of the summoning order dated 28.05.2024 passed by the court of learned Additional Session Judge/ Special Judge (D.A.A.), Jalaun at Orai in Complaint Case No. 190 of 2023 (Khalik v. Ram Singh and others), under Sections 323, 506, 394 IPC, P.S.- Kadaura, District- Jalaun, pending in the court of Additional Session Judge/ Special Judge (D.A.A.), Jalaun at Orai.
After arguing at some length, learned counsel for the applicants submits that the prayer as made above is not being pressed and applicants are willing to appear before the trial court concerned. It was submitted that a direction may be made to the court concerned to decide the bail application of applicants expeditiously and 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.
In view of the aforesaid, it is directed that in case, applicants appear/surrender before the trial court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicants appear/surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid complaint case.
The application u/s 528 BNSS is finally disposed of in above terms. Order Date :- 6.5.2025 Rama Kant RAMA KANT High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Indian Penal Code, 1860 — ss. 323, 394, 506.
Which court decided this case, and when?
Allahabad High Court, on 06 May 2025. The bench was ADDITIONAL SESSION, SPECIAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.