OM PRAKASH @ PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/391/2025 · 2025-01-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117741 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117741 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3202 Court No. - 12 Case :- APPLICATION U/S 482 No. - 391 of 2025 Applicant :- Om Prakash @ Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Swatantra Lata Yadav,Sandeep Kumar Rawat 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):-
"i. To quash the impugned Summoning order (Annexure No. 1) dated 17.08.2024 passed by Additional Chief Judicial Magistrate III, Room No.27, District Lucknow in Case No. 77633/2024, Case Crime No. 601/2019, dated 11.10.2019 (State of UP V/s Kamlesh & Ors.), u/s 147/323/336/504/506/427/308 I.P.C, Police Station Mohanlalganj, District Lucknow pending in the court of Additional Chief Judicial Magistrate III, Room No. 27, District Lucknow. ii. To quash the Charges sheet dated 18.11.2019 (Annexure No. 2) in Case Crime No.601/2019, (State of UP V/s Kamlesh & Ors.), u/s 147/323/336/504/506/427/308 I.P.C. Police Station Mohanlalganj, District Lucknow. iii. To quash the entire proceeding arise out of the Case No. 77633/ 2024, Case Crime No. 601/2019 dated 11.10.2019 (State of UP V/s Kamlesh & Ors.), u/s 147/323/336/504/506/427/308 I.P.C, Police Station Mohanlalganj, District Lucknow, pending in the court of Additional Chief Judicial Magistrate III, Room No.27, District Lucknow." 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