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2025 DAILYLAW 118507 (ALL)

HARI PRASAD AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO AND ANOTHER

A482/513/2025 · 2025-01-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3923 Court No. - 12 Case :- APPLICATION U/S 482 No. - 513 of 2025 Applicant :- Hari Prasad And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And Another Counsel for Applicant :- Shyam Bahadur,Arun Chand Pandey,Vikas Kumar 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:- "In the view of the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned Charge- Sheet No. A-102 of 2023 dated- 01.10.2023 submitted by the concerned police in connection with F.I.R. No. 90 of 2023, Under Section- 147, 149, 332, 353, 341, 504 & 506 I.P.C. and Section- 7 of Criminal Law (Amendment) Act, Police Station Inhauna, District- Amethi against the Applicants and Summoning Order dated- 23/09/2024 as well as Bailable Warrant dated 12.12.2024 issued by Judicial Magistrate Court No- 19, District- Raebareli in Criminal Case No. 19053 of 2024 (State of U.P. vs. Ram Kishore and others) and the entire proceedings of the aforementioned case may also be quashed, as contained in Annexure No-1, 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 :- 21.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench