Allahabad High Court
RAM KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- DEEPAK VERMA
Holding
The court refused to quash the proceeding, ordered the applicant’s surrender within three weeks, directed an expeditious hearing of the bail application, and stayed coercive action during that period.
Summary
The applicant, Ram Kumar, filed an application under Section 528 of the BNSS seeking to quash the criminal proceeding and summoning order dated 5 January 2026 in a POCSO case (Mahesh Chandra v. Ram Kumar) pending before the Additional District & Sessions Judge, Special Judge (POCSO), Farrukhabad. The applicant later withdrew the request to quash and instead asked the court to direct the lower courts to decide his bail application expeditiously. The learned Additional Government Advocate raised no objection to the applicant’s alternative prayer. The High Court refused the relief to quash the proceeding, ordered the applicant to surrender before the lower court within three weeks, directed that any bail application be decided promptly in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI, and stayed any coercive action against him for the same period. The application under Section 528 BNSS was consequently disposed of.
Issues considered
- Whether an application under Section 528 BNSS seeking to quash a criminal proceeding and summoning order can be entertained.
- Whether the court can issue a direction for the lower court to decide a bail application expeditiously.
- Whether a stay of coercive action can be granted pending the applicant’s surrender.
Legislation cited
- Bail and No‑Objection Section (BNSS) — s. 528
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- bail
- Section 528 BNSS
- POCSO Act
- quash of proceedings
- coercive action stay
- surrender order
- expeditious bail hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14062 of 2026
Ram Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Kumar Singh Parmar
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. As per learned AGA instructions, service of notice has been served
upon opposite party no.2/complainant.
2. Heard learned counsel for the applicant and learned A.G.A. for the
State.
3. This application under Section 528 BNSS has been filed by the
applicant to quash the entire proceeding as well as summoning order
dated 05.01.2026 passed in Complaint Case No. 40 of 2021 (Mahesh
Chandra Vs. Ram Kumar) under Section 376 I.P.C. & Section 3/4
POCSO Act, Police Station Shamshabad, District Farrukhabad, pending
in the court of Addl. District & Sessions Judge/Special Judge (POCSO
Act), District Farrukhabad.
4. 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.
5. Learned A.G.A. has no objection in allowing the aforesaid prayer of the
applicant.
6. Accordingly the relief as sought by the applicant through this
application is refused.
7. Considering the aforesaid alternative prayer of the applicant, it is
NA528 No. 14062 of 2026
2
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.
8. 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.
9. With the aforesaid directions, this application under Section 528
BNSS stands disposed of.
(Deepak Verma,J.)
May 5, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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