KALLU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER
A482/325/2025 · 2025-01-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117283 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117283 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3203 Court No. - 12 Case :- APPLICATION U/S 482 No. - 325 of 2025 Applicant :- Kallu And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Mohd.Saulat Wasim,Saleem Ahmad Khan,Taj Mohammad Tabish 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 by the applicants for the following main reliefs:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the entire proceeding of Criminal case no. 617/2021, State Versus Radhey Shyam alias Phootu and others arising out of Case crime no. 225/2020, under sections 3/5/8 Cow Slaughter Act, police station Manikpur, District Pratapgarh and also quashing the impugned charge sheet no. 08 dated 03.01.2021 as well as summoning order dated 13.01.2021 passed by learned Judicial Magistrate Room no. 24 Pratapgarh, during pendency of the present case." 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, their 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. 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