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2025 DAILYLAW 121849 (ALL)

MOHD. AIJAZ MALIK v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/1065/2025 · 2025-02-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7320 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1065 of 2025 Applicant :- Mohd. Aijaz Malik Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mohammad Irfan Siddiqui 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):- "Wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the entire proceedings of the impugned, Case No. 2448/2022, FIR No. 0222 of 2022, Under Section 406, 504, 506, I.P.C., Police station Cantt, District Ayodhya., State versus Abdul Haleem and others pending in the court of Additional Chief Judicial Magistrate First Ayodhya, impugned charge sheet dated 23.09.2022, cognizance order dated 24.09.2024 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, Case No. 2448/2022, FIR No. 0222 of 2022, Under Section 406, 504, 506, I.P.C., Police station Cantt, District Ayodhya., State versus Abdul Haleem and others pending in the court of Additional Chief Judicial Magistrate First, Ayodhya, impugned charge sheet dated 23.09.2022, cognizance order dated 24.09.2024 and its consequential order, till disposal of present petition." 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