ASHOK v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
/898/2025 · 2025-01-31
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120864 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120864 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6674 Court No. - 12 Case :- APPLICATION U/S 482 No. - 898 of 2025 Applicant :- Ashok Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Durga Prasad Singh,Akhilesh Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main reliefs:-
"WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to invoke its inherent powers Under Section 482 Cr.P.C. and quash the entire criminal proceedings of the impugned Charge sheet bearing No. 08/2016 dated 10.1.2016 arises of Case Crime No. 79/2015, U/s- 147, 189, 332, 336, 353, 506 I.P.C. Police Station Bazar Khala, District Lucknow including the summoning order dated 17.02.2016 passed by the learned Addl. Chief Judicial Magistrate, Court No. 32, Lucknow & order of N.B.W dated 17.1.2025, as contained in Annexure No.1, 2 & 3 to the petition or to pass such other or further order, which, under the facts and circumstances of the case, the Hon'ble Court may deem fit just and proper, with a view to prevent the abuse of process of court and otherwise to secure the ends of justice and allow this petition with cost." 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. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
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. 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. 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, they would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 31.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench