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2025 DAILYLAW 121036 (ALL)

SANJAY NIGAM v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/974/2025 · 2025-02-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7175 Court No. - 12 Case :- APPLICATION U/S 482 No. - 974 of 2025 Applicant :- Sanjay Nigam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Sunil Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "(i) To quash against the Applicant/ Petitioner impugned summoning order dated 28/01/2019 as well as Non Bailable warrant dated 20/11/2024 issued by the Court of Judicial Magistrate / Additional Civil Judge, Court No.24, Lucknow, in Criminal Case No. 13796/2019, namely 'State V/s Sanjay Kumar Nigam and others', as well as impugned charge sheet no. 01/2017 dated 20/11/2017, as well as entire proceedings of Criminal Case No.13796 of 2019 arising out of Crime No. 1038/2017 under section 419,420,406,504,506 of I.P.C., P.S. Thakurganj, District- Lucknow presently pending before the Court of Judicial Magistrate / Additional Civil Judge, Court No.24, Lucknow. (Annexure No.1,2,3 & 4). (ii) To stay the further proceedings against the Applicant/Petitioner of Criminal Case No. 13796/2019, namely 'State V/s Sanjay Kumar Nigam and others', as well as impugned charge sheet no. 01/2017 dated 20/11/2017, as well as entire proceedings of Criminal Case No.13796 of 2019 arising out of Crime No.1038/2017 under section 419,420,406,504,506 of I.P.C. P.S. Thakurganj, District- Lucknow presently pending before the Court of Judicial Magistrate / Additional Civil Judge, Court No.24, Lucknow. (Annexure No. 1,2,3 & 4)." After arguing 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 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 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine 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 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 observation made 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. With the aforesaid observations, the present application is disposed of. Order Date :- 4.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench