SUKHVEER AND 5 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/652/2025 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118482 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118482 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5493 Court No. - 12 Case :- APPLICATION U/S 482 No. - 652 of 2025 Applicant :- Sukhveer And 5 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Prateek Shrivastava,Shishir Raj 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:-
"For the facts, reasons and circumstances, stated in the accompanying affidavit, filed in support of the present application under Section-482 Cr.P.C., it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Chargesheet dated 29.04.2024 as well as summoning order dated 06.08.2024 passed by Additional Judicial Magistrate, Mohammadi, Kheri in Criminal Case No.1245 of 2024 "State Versus Deepu and others" arising out of Case Crime No.228/2024 pending before Additional Judicial Magistrate, Mohammadi, Kheri, 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 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 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 :- 28.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench