RAM ASREY AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
/700/2025 · 2025-01-31
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119604 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119604 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6979 Court No. - 12 Case :- APPLICATION U/S 482 No. - 700 of 2025 Applicant :- Ram Asrey And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sabir Ali Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Shri Maneesh Kumar Singh, Advocate, has put in appearance on behalf of applicants by way of filing his Vakalatnama, which is taken on record.
2. Heard Shri Maneesh Kumar Singh, learned counsel for the applicants, learned AGA for the State as well as perused the record.
3. The present application has been filed by the applicants for the following main reliefs:-
"It is therefore most humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to allow this petition under section 482 Cr.P.C.or 528 BNSS, quashing the entire criminal proceedings of case no.591 of 2017 (State versus Ram Asrey and others) relating to crime no.58 of 1990 under section 394 IPC police station Majhila, district Hardoi pending in the court of Vth Additional Chief Judicial Magistrate, Hardoi, including impugned summoning order dated 22.8.1997, impugned order dated 23.2.1999 issuing non bailable warrant and impugned order dated 12.12.2024 issuing non bailable warrant plus section 82 Cr.P.C.,contained in annexure no.1,2 and 3 respectively to this petition, as far as applicants are concerned."
4. After arguing the matter 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously.
5. Learned AGA has no objection to the prayer made by learned counsel for the applicants.
6. 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.
7. 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.
8. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (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.
Order Date :- 31.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench