Allahabad High Court
VANSH AND 2 OTHERSversusSTATE OF U.P THROUGH PRINCIPAL SECRETARY(HOME) U.P., LUCKNOW AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application to quash the summoning order is refused, and the applicants are directed to surrender and have their bail applications decided expeditiously.
Summary
The applicants filed an application under Section 528 of the B.N.S.S. seeking to quash a summoning order dated 28 July 2023 in Special Case No. 469 of 2022 (Govind v. Vansh & others) that was issued under Section 387 of the Indian Penal Code. They also requested that the lower courts decide their bail applications expeditiously. The State, represented by the Additional Government Advocate, raised no objection to the alternative prayer. The High Court refused the relief to quash the summoning order but directed the applicants to surrender before the lower court within three weeks and ordered that any bail application be decided promptly in line with the Supreme Court’s guidelines in Satender Kumar Antil v. CBI. The Court further ordered 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 application under Section 528 B.N.S.S. to quash the summoning order dated 28‑07‑2023 should be granted.
- Whether the Court can direct the lower courts to decide the bail applications of the accused expeditiously.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 387
Subjects
- Section 528
- B.N.S.S.
- Summoning order
- Bail
- Expeditious disposal
- Coercive action
- Special Judge
- IPC 387
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40977 of 2026
Vansh And 2 Others
.....Applicant(s)
Versus
State Of U.P Through Principal Secretary(Home)
U.P., Lucknow And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Vineet Singh Parmar
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 B.N.S.S. has been filed by the
applicants to quash the summoning order dated 28.07.2023 in Special
Case No.469 of 2022 (Govind vs. Vansh and others), under Section 387
I.P.C., P.S. Civil Lines, District Etawah, pending in the court of learned
Special Judge, Dacoity Affected Area Act/Additional Sessions Judge,
Court No.5, Etawah.
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 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
NA528 No. 40977 of 2026
2
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
B.N.S.S. stands disposed of.
September 24, 2026
SKD
(Deepak Verma,J.)
Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad
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