SURAJ AWASTHI @ SURYA KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/313/2025 · 2025-01-16
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116084 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116084 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2714 Court No. - 12 Case :- APPLICATION U/S 482 No. - 313 of 2025 Applicant :- Suraj Awasthi @ Surya Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Rajesh Trivedi 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 respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet No. 01 of 2023 dated 9.9.2023 submitted by investigation officer under section 452, 323, 504 IPC against petitioner No. 1 and under section 323, 504, 506 IPC against petitioner No. 2 arising out of F.I.R. No. 0250 of 2023 Police Station Colonelganj, District- Gonda as well as for quashing the summoning order dated 2.8.2024 passed by the directing the Petitioners to appear before the court to face the trauma of trial along with the entire criminal proceeding of Criminal Case No. 32683 of 2024 "State Versus Suraj Awasthi @ Surya Kumar & another" under section 323, 504, 506, 452 IPC, pending before the Chief Judicial Magistrate, Gonda, as contained in Annexure No. 1&2 respectively 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. 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, their prayer for bail shall be considered and 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 applicantsapply for bail, whichever is earlier, he would not take any coercive action against the applicantsin the aforesaid case. With the aforesaid observations, the present application is
disposed of.
Order Date :- 16.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench