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2025 DAILYLAW 120244 (ALL)

NOOR ULLA AND 2 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/58/2025 · 2025-01-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5432 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 58 of 2025 Applicant :- Noor Ulla And 2 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Sushil Yadav,Kushagra Tiwari,Rashmi Singh 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:- "That for the facts and circumstances mentioned in the accompanying petition duly supported with an affidavit, it is expedient and necessary in the interest of justice that this Hon'ble Court may graciously be pleased to quash the Charge Sheet dated 05/09/2024 vide charge sheet No. 1, under section 316(2) BNS, 318(4) BNS, 333 BNS, 115 BNS, 352 BNS, 351(3) BNS Police Station- Dariyabad. District- Barabanki submitted by the investigating officer against the petitioners in the court of Learned Additional Chief Judicial Magistrate Court No. 25 Barabanki in case crime no. 0349 of 2024, under section 316(2) BNS, 318(4) BNS, 333 BNS, 115 BNS, 352 BNS, 351(3) BNS State Versus Noor Ulla and 2 others and to stay the operation and implementation of the cognizance Order dated 06/11/2024, passed by the court of Learned Additional Chief Judicial Magistrate Court No. 25. Barabanki whereby the petitioners have been summoned on 06/11/2024 in case crime no. 0349 of 2024, under section 3 316(2) BNS, 318(4) BNS, 333 BNS, 115 BNS, 352 BNS, 351(3) BNS, State Versus Noor Ulla and 2 others during the pendency of this petition." 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, his 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 :- 28.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench