MAHANT AWADH BIHARI DAS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/1268/2025 · 2025-02-11
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122817 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122817 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8840 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1268 of 2025 Applicant :- Mahant Awadh Bihari Das Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Vivek Kumar Shukla,Harsh Prakash,Vijayendra Prakash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Sri Prem Shankar Shukla, Advocate has filed Vakalatnama on behalf of respondent No.2, which is taken on record. 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 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.12/2023 dated 04.01.2023 arising out of Case Crime No.409/2022, under Sections 419, 420, 467, 468, 471, 504, 506 IPC at Police Station Kotwali Ayodhya, District Faizabad/Ayodhya and also prayed for quashing of impugned summong order dated 12.04.2023 passed by the Chief Judicial Magistrate, Faizabad by means of which he has illegally summoned the petitioner 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