JUGGI LAL AND OTHERS v. STATE OF U.P. THRU. ADDIT. SECY. DEPTT. HOME CIVIL SECRT. LKO. AND OTHERS
A482/789/2023 · 2025-08-14
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120032 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120032 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47526 Court No. - 11 Case :- APPLICATION U/S 482 No. - 789 of 2023 Applicant :- Juggi Lal And Others Opposite Party :- State Of U.P. Thru. Addit. Secy. Deptt. Home Civil Secrt. Lko. And Others Counsel for Applicant :- Ashok Kumar Mishra,Renu Pal Counsel for Opposite Party :- G.A.,Anil Pandey 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 by the applicants for the following main reliefs:-
"For the facts reasons and circumstances stated in the accompanying petition supported by an affidavit it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned summoning order dated 6-1-2023 passed by the Learned Addl. Session Judge/ Special Judge POCSO Act Bahraich on complaint case no. 152 of 2021 (Smt. Laxmi Devi & Juggi Lal & others) U/S 354(A), 452,323 read with section 34,504,506 IPC & 9 (g)/10 POCSO Act P.S. Motipur, District- Bahraich so far as it relate to the petitioners pending in court of Learned Addl. Session Judge/Special Judge POCSO Act Bahraich may also be quashed. It is further prayed that the operation and implementation of the impugned summoning order dated 06-01-2023 passed by passed by Learned Addl. Session Judge/ Special Judge POCSO Act Bahraich and further the proceedings of complaint case No. 152/2021 [Smt. Laxmi Devi & Juggi Lal & others] so far as it relate to the petitioners U/S 354(A), 452,323 read with section, 34,504,506 IPC & 9 (g) /10 POCSO Act P.S. Motipur, District- Bahraich initiated against the petitioner on the basis of the complaint case no. 152/2021 pending before the Learned Addl. Session Judge/ Special Judge POCSO Act Bahraich may also be stayed during pendency of this petition." 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.
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. 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, they 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 :- 14.8.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench