Allahabad High Court
MANSHARAM AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 BNSS is refused and the matter is disposed of with directions to surrender and to decide any bail application expeditiously.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the pending criminal complaint (Case No. 2388 of 2025) and a summons issued by the Judicial Magistrate Court, Mainpuri, which charged them under sections 115(2), 351(3) and 74 of the BNS. The applicants did not press the merits of the quash petition but instead requested the High Court to direct the lower courts to decide their bail applications expeditiously. The State’s Additional Government Advocate raised no objection to the applicants’ alternative prayer. The High Court refused the primary relief of quashing the proceedings, ordered the applicants to surrender 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. It also directed that no coercive action be taken against the applicants during the three‑week period. The application under Section 528 was consequently disposed of.
Issues considered
- Whether the High Court should quash the pending criminal complaint and the summons issued under sections 115(2), 351(3) and 74 of the BNS.
- Whether the Court can direct the lower court to decide the bail applications of the accused expeditiously.
Legislation cited
Subjects
- quash petition
- bail
- Section 528
- summons
- coercive action
- expeditious trial
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37385 of 2026
Mansharam And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Narendra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section 528 BNSS has been filed by the applicants
to quash the further proceeding of the complaint Case No.-2388 of 2025
(Vineeta Devi Versus Mansharam and other) under sections 115(2), 351(3)
and 74 BNS, P.S. Karhal, District-Mainpuri pending in the Court of Judicial
Magistrate Court No.-6, Mainpuri as well as the summoning order
24.06.2026 passed by Judicial Magistrate Court No.-6, Mainpuri whereby
the learned Magistrate summon the applicants under sections 115(2), 351(3)
and 74 BNS.
3. On the matter being taken up, learned counsel for the applicants have 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 applicants expeditiously.
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the
applicants.
5. Accordingly the relief as sought by the applicants through this application
is refused.
6. Considering the aforesaid alternative prayer of the applicants, it is directed
that applicants shall surrender before the concerned Court below within three
weeks from today and in case applies for bail, the bail application shall be
NA528 No. 37385 of 2026
2
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 applicants before the Court below, whichever is earlier, no coercive
action shall be taken against them.
8. With the aforesaid directions, this application under Section 528 BNSS
stands disposed of.
(Deepak Verma,J.)
September 8, 2026
Nisha
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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