Allahabad High Court
PAWAN KUMAR GUPTA ALIAS YOGENDRA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court refused to quash the criminal proceeding, ordered surrender, and directed expeditious consideration of bail while staying coercive action for three weeks.
Summary
The applicants, Pawan Kumar Gupta and another, filed an application under Section 528 of the BNSS seeking to quash a criminal proceeding (Complaint Case No. 766 of 2021) instituted under Section 498A of the IPC and Sections 3 and 4 of the D.P. Act. They did not press the merits of the quash petition and instead requested the court to direct the lower courts to decide their bail applications expeditiously. The learned Additional Government Advocate raised no objection to the alternative prayer. The High Court refused to entertain the quash application, ordered the applicants to surrender before the trial court 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. The court also stayed any coercive action against the applicants for the three‑week period and disposed of the Section 528 application.
Issues considered
- Whether the application under Section 528 BNSS to quash the criminal proceeding can be entertained.
- Whether the court can direct the lower courts to decide bail applications expeditiously.
- Whether a stay on coercive action against the applicants is warranted pending surrender.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Domestic Violence Protection Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- bail
- quash
- criminal proceeding
- Section 528
- Section 498A
- Domestic Violence Protection Act
- expeditious bail
- coercive action
- surrender
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42031 of 2025
Pawan Kumar Gupta Alias Yogendra And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Jai Kishan, Vipin Kumar
Counsel for Opposite Party(s) : G.A., Ram Mohan, Sunil Kumar Yadav
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 entire criminal proceeding of Complaint Case No. 766 of 2021 under Sections
498A I.P.C. and 3/4 D.P. Act, P.S.- Kotwali Nagar, District- Etah.
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 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.
May 14, 2026
Fahad
(Deepak Verma,J.)
Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad
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