Allahabad High Court
LALCHANDRA YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 482 CrPC is dismissed; the applicant must surrender within three weeks and his bail application shall be decided expeditiously, with a temporary stay on coercive action.
Summary
The applicant filed an application under Section 482 of the Criminal Procedure Code seeking to quash Criminal Case No. 6087 of 2019, which involved offences under Sections 419, 420, 467, 468 and 471 of the IPC. The applicant did not press the merits of the quash petition and instead requested the court to direct the lower courts to decide his bail application expeditiously. The State’s Additional Government Advocate raised no objection to the applicant’s alternative prayer. The High Court dismissed the quash application, ordered the applicant to surrender within three weeks, and directed that any bail application be heard promptly in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The court also stayed any coercive action against the applicant for the three‑week period. The Section 482 application was therefore disposed of.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 482 CrPC.
- Whether the court should direct the applicant’s surrender and expedite the bail hearing.
- Whether a stay on coercive action against the applicant is warranted pending surrender.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- Section 482
- quash of criminal proceedings
- bail
- expeditious hearing
- coercive action stay
- surrender
- IPC offences
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 47667 of 2019
Lalchandra Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Om Prakash Yadav
Counsel for Opposite Party(s) : Bhaiya Lal Yadav, G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
Ref:- Criminal Misc. Modification Application No. 1 of 2020
1. Heard learned counsel for the applicant and learned A.G.A. for the State
on modification application.
2. The modification application is dismissed.
Ref: Order on Application U/s. 482 Cr.P.C
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicant
to quash the entire proceeding of Criminal Case No. 6087 of 2019 (State Vs.
Lalchandra) arising out of Case Crime No. 242 of 2017, under Sections 419,
420, 467, 468, 471 of IPC, Police Station Saraimamrez, District
Allahabad pending in the court of Additional Chief Judicial Magistrate,
Court No. 7, District Allahabad as well as impugned Charge-sheet dated
25.09.2018 submitted by the Investigating Officer against the applicant
before the learned court below in Criminal Case No. 6087 of 2019 (State Vs.
Lalchandra) arising out of Case Crime No. 242 of 2017, under Sections 419,
420, 467, 468, 471 of IPC, Police Station Saraimamrez, District Allahabad.
3. 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.
A482 No. 47667 of 2019
2
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the
applicant.
5. Accordingly the relief as sought by the applicant through this application
is refused.
6. 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 Kumar Antil Vs. Central Bureau
of Investigation and another, reported in 2021 SCC OnLine SC 922.
7. 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.
8. With the aforesaid directions, this application under Section 482 Cr.P.C
stands disposed of.
September 9, 2026
Vikram
(Chawan Prakash,J.)
Digitally signed by :-
VIKRAM SINGH
High Court of Judicature at Allahabad
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