PANKAJ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER
A482/496/2025 · 2025-01-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118729 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118729 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3604 Court No. - 12 Case :- APPLICATION U/S 482 No. - 496 of 2025 Applicant :- Pankaj Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Vijayendra Prakash Tripathi,Vivek Kumar Shukla 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 for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet no. 12-A/2023, dated 01/02/2023 arising out of case crime no. 409/2022, U/S- 419/420/467/468/471/504/506 I.P.C. at Police Station- Kotwali Ayodhya, District- Faizabad / Ayodhya, and also prayed for quashing of impugned summoning order dated 12/04/2023 passed by the Chief Judicial Magistrate, Faizabad by means of which he has illegally summoned the petitioner to face trial without applying his judicial mind as contained as Annexure No. 1& 2 to this petition. It is further prayed that this Hon'ble Court may graciously be pleased to stay the proceeding of criminal case no. 3509/2023, arising out of case crime no. 409/2022, U/S- 419/420/467/468/471/504/506 I.P.C. at Police Station- Kotwali Ayodhya, District- Faizabad / Ayodhya pending before Chief Judicial Magistrate, Faizabad, in the interest of justice" After arguing 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 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 applicant applies for bail, whichever is earlier, he 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 :- 21.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench