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2025 DAILYLAW 117720 (ALL)

RAM SHIROMANI AND 3 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/371/2025 · 2025-01-17

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2934 Court No. - 12 Case :- APPLICATION U/S 482 No. - 371 of 2025 Applicant :- Ram Shiromani And 3 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rudra Kumar Tiwari 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 relief:- "For the facts reasons and circumstances stated in the accompanying affidavit it is humbly prayed that the Hon'ble court may kindly be pleased to quash the impugned criminal proceeding and summoning order dated 04.08.2021 passed by the learned Additional Chief Judicial Magistrate Court No. 17, Sultanpur in Criminal Case no. 2974 of 2021-State Of U.P. Versus Ram Shiromani and others arising out case crime no. 182/2021 under section- 323,504,506,452 Indian Penal Code, Police Station Chanda, District- Sultanpur dated 04.06.2021 by taking cognizance upon charge sheet dated 08.06.2021 as contained in ANNEXURE NO 1 to 2 respectively to the accompanying affidavit." 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. 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 17.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench