MOHD. ALTAF v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
A482/1080/2025 · 2025-02-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121801 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121801 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7646 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1080 of 2025 Applicant :- Mohd. Altaf Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Mohammad Irfan Siddiqui,Prakhar Pratap Singh 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 respectfully prayed that this Hon'ble court may graciously be pleased to quash the entire proceedings of the impugned, FIR No. 0197 of 2021, Under Section 147, 452, 323, 504, 506, I.P.C., Police Station Husainganj, District Lucknow., State versus Sakir Ali and others pending in the court of Additional Chief Judicial Magistrate First, Lucknow, impugned charge sheet dated 26.10.2021, cognizance order dated 07.12.2022 and its consequential order and its consequential order in the respect of petitioner, contained as Annexure no. 1 & 2 respectively. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of impugned, FIR No. 0197 of 2021, Under Section 147, 452, 323, 504, 506, I.P.C., Police Station Husainganj, District Lucknow., State versus Sakir Ali and others pending in the court of Additional Chief Judicial Magistrate First, Lucknow, impugned charge sheet dated 26.10.2021, cognizance order dated 07.12.2022 and its consequential order, till disposal of present petition." 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 the 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 :- 6.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench