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2025 DAILYLAW 122427 (ALL)

SHESH RAM NISHAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/1278/2025 · 2025-02-11

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8849 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1278 of 2025 Applicant :- Shesh Ram Nishad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Vijayendra Prakash Tripathi,Deepika Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,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 with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet No.47/2013 dated 24.03.2013 arising out of Case Crime No.700B/12, under Sections 147, 148, 149, 436 IPC at Police Station Poora Kalandar, District Faizabad/Ayodhya and also prayed for quashing of impugned summoning order dated 21.01.2025 passed by the Chief Judicial Magistrate, Faizabad by means of which he has illegally summoned the petitioners to face trial without applying his judicial mind." After arguing 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 decided in view of law laid down by Hon'ble Supreme Court in the case of Satendra 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 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. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS 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 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, he 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 :- 11.2.2025 Reena/- (Manish Kumar,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench