RAM KHELAWAN VISHVAKARMA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/79/2025 · 2025-01-08
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114907 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114907 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1239 Court No. - 12 Case :- APPLICATION U/S 482 No. - 79 of 2025 Applicant :- Ram Khelawan Vishvakarma And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dharmendra Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:-
"Wherefore It is most respected fully prayed that this Hon'ble Court may graciously be pleased to quash /set-aside the intire criminal proceeding of Criminal Case No. 12402/2023 (State Vs. Ram Khelawan) pending before in the Court of Civil Judge (SD)/FTC2 Pratapgarh. BW order dated 02.08.2024 passed by court of Civil judge (SD)/FTC 2 Pratapgarh in Criminal Case No. 12402/2023 State Vs. Ram Khelawan and others arising out crime No.518/2020, under Sections 323,504,506 and 308 IPC at Police Station Jethwara, District Pratapgarh as well as charge sheet No.1/2021 dated 28.06.2021 submitted by the investigation officer in the aforesaid case crime number, contained as Annexure No. 1&2 to this petition." After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously. Learned AGA has no objection to the prayer made by learned counsel for the applicants. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.
Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 8.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench