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2025 DAILYLAW 117123 (ALL)

HARIKESH DUBEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/308/2025 · 2025-01-20

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3562 Court No. - 12 Case :- APPLICATION U/S 482 No. - 308 of 2025 Applicant :- Harikesh Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Prithvish Mishra 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 by the applicant for the following main relief(s):- "For the facts, reasons and circumstances stated in the accompanying writ petition, duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to stay the order dated 20.09.2024 by which a summoning order has been issued against the petitioner as well as the other co- accused passed by Additional Chief Judicial Magistrate Court No. 20, Sultanpur in Case Crime No. 51/2023, U/s-498A, 323, 504, 506, 494 IPC & 3/4 D.P. Act, Police Station Mahila Thana, District Amethi (State Versus Harikesh Dubey & others) as well as for quashing of the charge sheet No. 01/2024 dated 30.05.2024 in Case Crime No. 51/2023, U/s-498A, 323, 504, 506, 494 IPC & 3/4 D.P. Act, Police Station Mahila Thana, District Amethi (State Versus Harikesh Dubey & others) and further please to quash the proceeding of the Criminal Case No. 14916/2024 arising out of the Case Crime No. 51/2023, U/s- 498A, 323, 504, 506, 494 IPC & 3/4 D.P. Act, Police Station Mahila Thana, District Amethi (State Versus Harikesh Dubey & others)." After arguing the matter 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 applicant applies 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 observations 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, they 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 :- 20.1.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench