Shivansh Pandey vs State Of U.P. Thru. Secy. Home Lko. And ...
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Allahabad High Court

Shivansh Pandey vs State Of U.P. Thru. Secy. Home Lko. And ... on 15 November, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:73439
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 9631 of 2025   
 
   Shivansh Pandey    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Secy. Home Lko. And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Santosh Kumar Dayal   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 34
 
   
 
 HON'BLE TEJ PRATAP TIWARI, J.      

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

2. The present application under Section 482 Cr.P.C., has been filed to quash the summoning order dated 16.01.2020 passed by the court of Special Judge, S.C./S.T. Act, Lucknow in Special Trial No. 36 of 2020, arising out of Case Crime No. 504 of 2019, under Sections 323, 504 I.P.C. and Section 3(1)(d) and 3(1)(v) of S.C./S.T. Act as well as quash the charge sheet no. 01 of 2019.

3. Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. It is further submitted that the offence is punishable up to 7 years imprisonment.

4. After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

5. In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made in the judgment rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51, wherein the Supreme Court considering the category(A) as mentioned in the paragraph no. 2, bail applications of such accused against which charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would expect a better exercise of discretion on the part of the court in favour of the accused.

6. The application stands disposed of with the aforesaid liberty.

(Tej Pratap Tiwari,J.)

November 15, 2025

Manoj