CHANDER SHEKHAR v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND ANOTHER
A482/1026/2025 · 2025-02-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121603 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121603 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7259 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1026 of 2025 Applicant :- Chander Shekhar Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant(s), 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):-
"The Petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to Petition, Under section 528-BNSS, and 482 CRPC for quashing of the entire proceeding on basis of cognizance
order dated 05/10/2024 Passed By Court of Judicial Magistrate, Court No.-24, Haidergarh, in ST. NO. 203/2024 on the basis of Charge sheet no. 01/2022 filed U/s 406/420 I.P.C dated 20/09/2022, arising out Case Crime No 0177/2022 Under Section 406,420 Ipc And At P.S.- Subeha District Barabanki dated 02/08/2022, Styled As (State ...Vs..... Chander Shekhar) Police Station- Subeha District Barabanki. A true Certify Copies of cognizance order dated 05/10/2024 and Charge sheet dated 20/09/2022 are being annexed as herewith as Annexure No.1 and 2. to this petition, so far it relates to the present Petitioner." After arguing at some length, learned counsel for the applicant(s) has submitted that liberty may be given to the applicant(s) 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(s). 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(s) applies/apply for bail before the Court concerned, his/their prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicant(s) 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(s) applies/apply for bail, whichever is earlier, he would not take any coercive action against the applicant(s) in the aforesaid case. With the aforesaid observations, the present application is
disposed of.
Order Date :- 5.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench