Allahabad High Court
LAKHAMI SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The court ordered the applicants to surrender within a month, barred their arrest during that period, and directed the trial court to dispose of any bail application expeditiously, thereby disposing of the Section 528 application.
Summary
The applicants, Lakhami Singh and two others, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the criminal proceedings (Case No. 58212 of 2023) arising from offences under Sections 323, 504, 506 and 325 IPC. While initially seeking quash, the applicants later indicated they would not press any substantive relief and only requested that the trial court consider their bail application promptly. The State, through the Additional Government Advocate, raised no objection to granting temporary protection if the applicants surrendered. The High Court directed the applicants to surrender before the trial court within one month and ordered that any bail application be disposed of expeditiously, citing the Supreme Court guidelines in Satender Kumar Antil v. CBI. It also directed that the applicants not be arrested for the same period. The Section 528 application was consequently disposed of.
Issues considered
- Whether an application under Section 528 of the Criminal Procedure Code can be entertained to quash pending criminal proceedings.
- Whether the court can direct protection from arrest and order surrender of the accused pending bail.
- Whether the trial court must dispose of the bail application expeditiously in accordance with Supreme Court guidelines.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 323, 325, 504, 506
Subjects
- bail
- Section 528
- protection from arrest
- surrender
- expeditious disposal
- Criminal Procedure Code
- Indian Penal Code
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35154 of 2025
Lakhami Singh And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Devendra Kumar Singh, Satyawati
Counsel for Opposite Party(s) : Radhey Shyam Tripathi, G.A.
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the
State and perused the record.
2. This application under Section 528 BNSS has been filed by the
applicants to quash entire proceeding of Case No.58212 of 2023 (State
Vs. Lakhami Singh & others) arising out of Case Crime No.691 of 2022,
under Sections 323, 504, 506 and 325 I.P.C., Police Station Qwarsi,
District Aligarh as well as charge-sheet dated 31.08.2022 as well as
summoning order dated 18.11.2023.
3. Learned counsel for the applicants stated that he is not pressing any
other prayer made in this application on merits and prayed that, at the
outset, a direction may be issued to the concerned Trial Court to consider
and decide the bail application of the applicants expeditiously.
4. Learned A.G.A. for the State submits that in case the applicants are not
pressing the relief as sought for by them on merits and want to surrender
before the concerned Trial Court, he has no objection in granting
protection to them for a short period.
5. In view of above, considering the aforesaid alternative prayer made by
learned counsel for the applicants, it is directed that the applicants shall
surrender before the concerned Trial Court within one month from today
and in case, they apply for bail, the bail application of the applicants shall
be disposed of expeditiously by the Trial Court in accordance with law,
NA528 No. 35154 of 2025
2
after hearing the informant, keeping in view the guidelines as laid down
by the Apex Court in the case of Satender Kumar Antil vs. Central
Bureau of Investigation and another, reported in (2021) 10 SCC 773.
6. For the period of one month from today or till the time of surrender of
the applicants before the concerned trial court, whichever is earlier,
applicants shall not be arrested in the above case.
7. With the above observations and directions, this application under
Section 528 BNSS is disposed of.
(Sanjiv Kumar,J.)
May 5, 2026
Amit
Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad
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