RAJ KUMAR @ RAJ KUMAR GAUTAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME CIVIL SECRETARIAT LKO. AND ANOTHER
A482/1142/2025 · 2025-02-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122161 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122161 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7943 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1142 of 2025 Applicant :- Raj Kumar @ Raj Kumar Gautam And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Secretariat Lko. And Another Counsel for Applicant :- Anuj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.
2. 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 kindly by pleased to Quash the entire proceeding of Criminal Case No. 9144/2024, dated 01.08.2024 (State Versus Nemai and other) in Case Crime No. 210/2024 under sections 427, 504, 506 Indian Penal Code, 1860 at Police Station Akbarpur, District -Ambedkar Nagar, which is pending before the learned Court of Chief Judicial Magistrate, Ambedkar Nagar, contained in Annexure No. 2 to this petition. This Hon'ble Court may further be pleased to quash the Charge Sheet No. A-161/2024 dated 29.04.2024, filed by Investigating Officer in Case Crime No. 210/2024 under sections 427, 504, 506 Indian Penal Code, 1860 at Police Station- Akbarpur, District contained in Annexure No.1 to this petition. Ambedkar Nagar, contained in Annexure No.1 to this petition."
3. 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.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicants.
5. 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.
6. 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.
7. 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.
Order Date :- 7.2.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench