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Allahabad High Court

RAMSURAT AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court refused to quash the summoning order and directed surrender within three weeks with an expeditious hearing of any bail application.

Summary

The applicants, Ramsurat and three others, filed an application under Section 528 of the B.N.S.S. seeking to quash a summoning order dated 12‑Oct‑2011 issued by the Additional Civil Judge in a criminal complaint under IPC sections 427, 504 and 506. The applicants did not press the substantive relief but instead requested that the lower courts decide their bail applications promptly. The State’s Additional Government Advocate raised no objection to the alternative prayer. The High Court refused to quash the summons and ordered the applicants to surrender within three weeks, directing that any bail application be heard expeditiously in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The Court also directed that no coercive action be taken against the applicants during the three‑week period. The application was consequently disposed.

Issues considered

  • Whether the summoning order dated 12‑Oct‑2011 can be quashed under Section 528 of the B.N.S.S.
  • Whether the court may direct the applicants to surrender and order an expeditious hearing of their bail applications
  • Whether coercive action can be stayed pending surrender of the applicants

Legislation cited

Subjects

  • bail
  • Section 528
  • quash of summons
  • coercive action
  • expeditious hearing
  • Supreme Court precedent
  • IPC 427
  • IPC 504
  • IPC 506

Judgment

        HIGH COURT OF JUDICATURE AT ALLAHABAD

          APPLICATION U/S 528 BNSS No. - 41093 of 2026



Ramsurat And 3 Others
                                                          .....Applicant(s)
                                 Versus
State of U.P. and Another
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)            :   Nimesh Kumar Shukla, Sanjeev
                                        Kumar, Vinod Kumar Tirpathi
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 12.10.2011 passed by the
learned Additional Civil Judge (Senior Division) II/ACJM Court No.10,
Jaunpur in Complaint Case No.820 of 2012 (Kapil Muni vs. Ramsurat
and others), under Sections 427, 504 & 506 I.P.C., P.S. Rampur, District
Jaunpur.

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. 41093 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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