JAGJEEVAN AND 5 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER
A482/1100/2025 · 2025-02-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121773 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121773 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8492 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1100 of 2025 Applicant :- Jagjeevan And 5 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Vineet Kumar Chaurasia 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 by the applicants for the following main relief(s):-
"That for the facts, reasons and circumstances stated in the accompanying affidavit to this petition it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet bearing its number 01 of 2023 dated 10.10.2023 filed in Case No.2000/2024 (Re: State Versus Taufiq & others), FIR No.- 0184 of 2023, U/S.-353 & 506 IPC and Section 2/3 of Prevention of Damages to Public Property Act, 1984, Police Station Jamo, District- Amethi; summoning order dated 12.03.2024 passed by the Additional Chief Judicial Magistrate, Court No.30, Sultanpur by means of which the petitioners have been summoned to face trial. It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire proceedings arising out of Case No.2000/2024 (Re: State Versus Taufiq & others), FIR No.- 0184 of 2023, U/S.-353 & 506 IPC and Section 2/3 of Prevention of Damages to Public Property Act, 1984, Police Station Jamo, District Amethi pending before the Additional Chief Judicial Magistrate, Court No.30, Sultanpur, during pendency of the present application." After arguing the matter 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 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 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 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 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 :- 10.2.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench