PREM CHANDRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
/682/2025 · 2025-01-31
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119633 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119633 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6940 Court No. - 12 Case :- APPLICATION U/S 482 No. - 682 of 2025 Applicant :- Prem Chandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Atul Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant, learned AGA for the State as well as perused the record.
2. The present application has been filed for the following main relief:-
"Wherefore, in view of the facts and circumstances stated herein above, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Case Crime No.251 of 2023 (State of U.P. Vs Suresh Shukla & Others); Charge sheet dated 28.02.2024 submitted by the Investigating Officer in Case Crime No. 251 of 2023 (State of U.P. Vs Suresh Shukla & Others) under Section 406/420 IPC before the ACJM-VI, Lucknow and the summoning order dated 13.11.2024 passed by the ACJM- VI, Lucknow in Case Crime No.251 of 2023."
3. After arguing the matter 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 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.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
5. 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.
6. 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.
7. 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.
Order Date :- 31.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench