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Allahabad High Court

SAHILversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court refused to quash the summoning order and directed the applicant to surrender and have his bail application decided expeditiously.

Summary

The applicant, Sahil, filed an application under Section 528 of the B.N.S.S. seeking to quash a summoning order dated 5 May 2025 issued by the Civil Judge (Junior Division)/F.T.C. in a criminal complaint (Smt. Sadaf vs Sahil) under Sections 498A, 323 IPC and the Dowry Prohibition Act. 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 learned Additional Government Advocate raised no objection to the applicant’s alternative prayer. The High Court refused the relief to quash the summons, ordered the applicant to surrender before the lower court within three weeks, and directed that any bail application be decided promptly in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The court also ordered that no coercive action be taken against the applicant during the three‑week period or until surrender, and disposed of the Section 528 application.

Issues considered

  • Whether the summoning order dated 05‑05‑2025 can be quashed under Section 528 of the B.N.S.S.
  • Whether the court may direct the applicant’s surrender and the expeditious consideration of his bail application.

Legislation cited

Subjects

  • Section 528
  • quash order
  • bail
  • coercive action
  • surrender
  • dowry harassment
  • criminal procedure

Judgment

        HIGH COURT OF JUDICATURE AT ALLAHABAD

          APPLICATION U/S 528 BNSS No. - 18416 of 2026



Sahil
                                                          .....Applicant(s)
                                 Versus
State of U.P. and Another
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)            :   Ashok Kumar Mishra, Gopal
                                        Krishna
Counsel for Opposite Party(s)       :   G.A.

Court No. - 74


                   HON'BLE DEEPAK VERMA, J.

1. Heard learned counsel for the applicant and learned A.G.A. for the
State.

2. This application under Section 528 B.N.S.S. has been filed by the
applicant to quash the summoning order dated 05.05.2025 passed by the
Civil Judge (Junior Division)/F.T.C. (Crimes against the Women), Jalaun
at Urai in Complaint Case No.01 of 2024 (Smt.Sadaf vs.Sahil), under
Sections 498A, 323 I.P.C.& 3/4 Dowry Prohibition Act, P.S.Kotwali
Urai, District Jalaun, pending in the court of Civil Judge (Junior
Division)/F.T.C. (Crimes against the Women), Jalaun at Urai.

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.

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
                                                                                                 NA528 No. 18416 of 2026
                                                                      2

                                        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 528
                                        B.N.S.S. stands disposed of.


                                        May 5, 2026
                                        SKD
                                                                                               (Deepak Verma,J.)




Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad


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