Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 118461 (ALL)

SUTUNISHA AND ANOTHER v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO. AND ANOTHER

A482/569/2025 · 2025-01-23

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:4374 Court No. - 12 Case :- APPLICATION U/S 482 No. - 569 of 2025 Applicant :- Sutunisha And Another Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Saud Rais,Mohd. Shadab Siddiqui 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 for the following main relief:- "I. Therefore it is most respectfully and humbly prayed from this Hon'ble Court to graciously be pleased to quash the summoning order dated 20-08-2024 passed by the Learned Special Judge (SC/ST Act) Lucknow, bearing crime no.137/2024 u/s 504/506 I.P.C. and 3(1)da,3(1)dha,3(2)(va) SC/ST Act Police station Malihabad, District Lucknow. II. It is further prayed from this Hon'ble Court may kindly be pleased to quash the entire criminal proceedings of Case Crime No. 137/2024 under section 504/506 I.P.C. and 3(1) da,3(1) dha,3(2) (va) SC/ST Act P.S. Malihabad District Lucknow." 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, his 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 observation 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 :- 23.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench