ASAD AHMAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
A482/458/2025 · 2025-01-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118132 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118132 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3579 Court No. - 12 Case :- APPLICATION U/S 482 No. - 458 of 2025 Applicant :- Asad Ahmad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Anuruddh Prasad Counsel for Opposite Party :- G.A.,Aprajita Bansal Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. Instant application has been preferred by the applicant(s) for the following main reliefs:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Special Sessions Trial No. 473 of 2023; State Versus Safat Ahmad and another, arising out of Case Crime No.412 of 2020, under section-135 of Indian Electricity Act (Amended), 2003, relating to the Police Station-Anti Power Theft, Unnao, District- Unnao, pending in the Court of learned Additional Sessions Judge-IV/E.C. Act, Unnao, impugned chargesheet no.41/2023, dated 25.1.2023, submitted by the Investigating Officer against the petitioners in aforesaid case crime number, as well as impugned cognizance/summoning order dated 27.4.2023 and impugned orders of Non- Bailable Warrant dated 20.11.2024 and 20.12.2024, passed by the learned Additional Sessions Judge-IV/E.C. Act, Unnao, as contained in Annexure nos. 1, 2 and 3 respectively to this petition, in the interest of justice." 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 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 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.
The applicants may also seek benefit of Section 152 of the Electricity Act, 2003. 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, he 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 :- 21.1.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench