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2025 DAILYLAW 115699 (ALL)

GIRJA SHANKAR VISHWAKARMA v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. AND ANOTHER

/212/2025 · 2025-01-13

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2098 Court No. - 12 Case :- APPLICATION U/S 482 No. - 212 of 2025 Applicant :- Girja Shankar Vishwakarma Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Narendra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:- "For the facts, reasons and circumstances as stated in the accompanying affidavit, filed in support of present petition under section-482 of Cr. P.C. Now Under Section-528 of B.N.S.S. Act. 2023 it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the entire proceeding of Crl. Case No. 3188/2023 (State of U.P. Versus Girja Shankar Vishwakarma) arising out of impugned charge-sheet No. 86/2023, dated 18.03.2023 submitted by the investigating officer in Case Crime No. 0319/2022, Under Section-3/7 E.C. Act pertaining to Police Station- Raunahi, District-Faizabad Now Ayodhya along with cognizance/summoning order dated 05.9.2023 Annexure no 2, passed by the court of learned Additional Chief Judicial Magistrate-First, Faizabad Now Ayodhya by which applicant/petitioner has been summoned for facing of trial under the aforesaid section (as contained in Annexure No. 1 & 2 respectively to the affidavit), in the interest of justice." After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant 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 applicant. 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 applicant 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 13.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench