PARAS NATH YADAV AND 9 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/755/2025 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120276 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120276 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5424 Court No. - 12 Case :- APPLICATION U/S 482 No. - 755 of 2025 Applicant :- Paras Nath Yadav And 9 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Niyaj Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Ms. Shashi Lata Pandey, Advocate holding brief of Sri Niyaj Ahmad, 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No.3570 of 2024; State Versus Paras Nath Yadav and others, arising out of Case Crime No.111 of 2024, under sections- 147, 323, 504, 506 and 427 I.P.C., relating to the Police Station- Hanswar, District-Ambedkar Nagar, pending in the Court of learned Civil Judge (Senior Division), F.T.C./Additional Chief Judicial Magistrate, Ambedkar Nagar, as well as impugned chargesheet dated 30.6.2024, submitted by the Investigating Officer against the petitioners, under sections-147, 323, 504, 506 and 427 I.P.C. in aforesaid Case Crime number, and impugned cognizance/summoning order dated 26.9.2024, passed by the learned Civil Judge (Senior Division), F.T.C./ Additional Chief Judicial Magistrate, Ambedkar Nagar, as contained in Annexure nos. 1 and 2 respectively to this petition, so far as the same relate to the petitioners, in the interest of law and justice." 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, their 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 observations 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, 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 :- 28.1.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench