Created by Fuzzy Cloud

Allahabad High Court

GIRVAR SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application to quash the summoning order is refused; the applicants must surrender within three weeks and their bail applications shall be decided expeditiously.

Summary

The applicants filed an application under Section 528 of the Bail and Non‑bailable Surrender (BNSS) Act seeking to quash a summoning order dated 12‑08‑2026 issued in a criminal complaint (Case No. 1649 of 2024) under IPC sections 323, 504 and 506. They also requested that the lower courts be directed to decide their bail applications expeditiously. The State did not oppose the alternative prayer for expeditious bail. The High Court refused the relief to quash the summons, directing the applicants to surrender before the trial court within three weeks and ordering that any bail application be decided promptly in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The Court further ordered that no coercive action be taken against the applicants during the three‑week period, and disposed of the Section 528 application.

Issues considered

  • Whether the High Court can quash the summoning order issued under Section 528 of the BNSS Act.
  • Whether the Court can direct the lower court to decide bail applications expeditiously.

Legislation cited

  • Bail and Non‑bailable Surrender (BNSS) Act — s. 528
  • Indian Penal Code — s. 323, 504, 506

Subjects

  • bail
  • summons
  • Section 528
  • expeditious bail
  • surrender
  • coercive action
  • High Court
  • criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 38598 of 2026

Girvar Singh And 2 Others
                                                               .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)                  :   Mohd. Kamar Shah Alam
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 impugned summoning order dated 12.08.2026 in Complaint
Case No. 1649 of 2024 passed by Judicial Magistrate Civil Judge (J.D.)
Chandpur, Bijnor, under Sections 323, 504, 506 I.P.C., Police Station
Chandpur, District Bijnor.

3. On the matter being taken up, learned counsel for the applicants 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 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 applicant 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
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
                                                                                           NA528 No. 38598 of 2026
                                                                    2


                                    922.

                                    7. For a 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 29, 2026
                                    T.S.




Digitally signed by :-
TRIBHUWAN SINGH
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.