Allahabad High Court
AJAY CHAUHANversusState of UP Others
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The Court declined to quash the charge sheet and proceedings but directed that no coercive action be taken for four weeks and that any bail application filed after surrender within that period be decided expeditiously.
Summary
The applicant, Ajay Chauhan, filed an application under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet dated 29‑11‑2023, the summoning order dated 18‑12‑2023, and the entire criminal proceedings (Session Trial No.1159 of 2023) relating to offences under Sections 376(2)(N), 506 IPC and Sections 5(l)/6 of the POCSO Act. A non‑bailable warrant was issued against him on 08‑04‑2026. The applicant limited his prayer to a direction that, if he surrenders within four weeks and applies for bail, the bail application should be considered expeditiously, and that no coercive action be taken against him during that period. The Court, after hearing counsel, dismissed the request to quash the proceedings but ordered that any bail application filed after surrender within four weeks be dealt with promptly and that no coercive action be taken against the applicant for the next four weeks. The application was therefore disposed of with these specific directions.
Issues considered
- Whether the High Court can quash the charge sheet and criminal proceedings under Section 482 of the CrPC in the present case.
- Whether the Court can stay any coercive action against the applicant for a specified period and direct expeditious consideration of a bail application upon surrender.
Legislation cited
- Indian Penal Code — s. 376(2)(N), 506
- Protection of Children from Sexual Offences Act — s. 5(l), 6
Subjects
- Section 482 CrPC
- quash of charge sheet
- bail
- non‑bailable warrant
- POCSO Act
- stay of coercive action
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 5759 of 2024
Ajay Chauhan
.....Applicant(s)
Versus
State Of Up Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Vikas Chauhan
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for applicant and learned AGA for the State.
3. The present application has been preferred for seeking quashing of the
charge sheet dated 29.11.2023 and summoning order dated 18.12.2023 as
well as entire criminal proceeding of Session Trial No.1159 of 2023 (State
Vs. Ajay Chauhan) arising out of Case Crime No.266 of 2023, under
Sections 376(2)(N), 506 IPC and 5(L)/6 POCSO Act, Police Station Nagar,
District Basti, pending in the court of Additional Sessions Judge/ Special
Judge, Exclusive Court (POCSO Act), Basti.
4. It has been informed by learned counsel for the applicant that non-bailable
warrant has been issued against the applicant in this case case on
08.04.2026.
5. After arguing at some length, learned counsel for applicant confined his
prayer only to the extent that the present application may be disposed of
finally with a direction to the court concerned that in case applicant
surrenders before it and applies for bail in pursuance of NBW order dated
08.04.2026, the same may be considered and decided expeditiously in
accordance with law to which learned AGA has no objection.
6. In view of the aforesaid, the instant application is finally disposed of with
a direction to the court concerned that in case, the applicant surrenders
A482 No. 5759 of 2024
2
before the court concerned within a period of four weeks from today and
applies for bail in pursuance of NBW order dated 08.04.2026, the same shall
be considered and decided expeditiously in accordance with settled law.
7. However, it is made clear that till four weeks from today, no coercive
action shall be taken against the applicant herein in the present case.
(Vivek Kumar Singh,J.)
April 20, 2026
Radhika
Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad
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