Neutral Citation No. - 2025:AHC:82596 Court No. - 84 Case :- APPLICATION U/S 482 No. - 40616 of 2024 Applicant :- Mahendra Kumar Minor And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Srivastava Counsel for Opposite Party :- G.A. 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 482 Cr.P.C. has been filed by the applicants to quash the chargesheet dated 01.09.2022, summoning order dated 11.10.2023 in Case Crime No. 139 of 2022 under Sections 323, 504, 506, 325 IPC, P.S. Utraon, District Prayagraj as well as the entire proceedings of Criminal Case No. 1761 of 2023 (State Vs. Mahendra Kumar and others) pending in the court of Additional Chief Judicial Magistrate, 8th, Allahabad. 3. Learned counsel for the applicants submits that the applicant No. 1 (Mahendrar Kumar) is minor. The Investigating Officer while submitting chargesheet has specifically stated in the chargesheet that the applicant No. 1 is minor but the learned Magistrate without perusing the chargesheet in a cursory manner has issued summons against the minor and accused persons named in the chargesheet. The impugned summoning order passed by the Magistrate is without application of mind and the same is liable to be quashed in respect of the applicants. 4. Per contra, learned A.G.A. vehemently opposed the submissions made by learned counsel for the applicants and submitted that the applicant No. 1 is minor. The applicant No. 1 may approach before the learned Magistrate and the learned Magistrate shall separate the trial of the applicant No. 1 from other co-accused persons. 5. Considering the arguments raised by the learned counsel for the parties, the impugned summoning order dated 11.10.2023 passed against the applicant No. 1 is liable to be quashed and is, hereby, quashed. The court below is directed to separate the trial of the applicant No. 1 from the other co-accused. 6. The prayer for quashing the entire proceedings of the aforesaid case against the applicant no.2 to 4, namely, Dharmendra Kumar, Ram Singh and Rajendra Gupta is refused. 7. However, it is directed that the if applicants No. 2 to 4 surrender before the concerned court below within three weeks from today and apply for bail, their bail applications shall be decided expeditiously by the courts below in accordance with law keeping in view the guidelines as 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. 8. 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. 9. With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 17.5.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad