SHIVRAJ YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND ANOTHER
A482/304/2025 · 2025-01-16
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116735 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116735 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2705 Court No. - 12 Case :- APPLICATION U/S 482 No. - 304 of 2025 Applicant :- Shivraj Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Amrendra 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash Charge Sheet No. 143/2023, dated 07.04.2023 as well as cognizance order taken upon the charge-sheet, arising out of the Case Crime No.0599/2022, under section 3/7 Essential Commodities Act, 1955, Police Station - Gosaiganj, District-Katwali Ayodhya, in Case No.3434/2023 (State Vs. Shivraj Yadav), pending in the Additional Chief Judicial Magistrate-I, Faizabad, againstthe Petitioner, as contained in Annexure No.1 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Case No.3434/2023 (State Vs. Shivraj Yadav) arising out of the Case Crime No.0599/2022, under section 3/7 Essential Commodities Act, 1955, Police Station- Gosaiganj, District-Katwali Ayodhya, pending in the Additional Chief Judicial Magistrate-I, Faizabad, during pendency of the aforesaid petition, 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. 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 applicant apply for bail before the Court concerned, his 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 applicant in 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