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2025 DAILYLAW 122849 (ALL)

SMT NIRMALA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/1286/2025 · 2025-02-13

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9414 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1286 of 2025 Applicant :- Smt Nirmala And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashok Kumar,Ratnesh Kumar Rawat,Rohit Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,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 for the following main relief(s):- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Criminal Case No. 112389 of 2023 "State Versus Hemant Kumar and others" arising out of Case Crime No. 32 of 2023 Under Sections 323/506 I.P.C. Police Station-Sushant Golf City, District-Lucknow pending in the Court of Chief Judicial Magistrate, Lucknow and impugned summoning order dated 10.10.2023 as well as impugned charge sheet dated 12.3.2023 contained in Annexure No.1 and 2 to the accompanying affidavit, in the interest of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of the Criminal Case No. 112389 of 2023 "State Versus Hemant Kumar and others" arising out of Case Crime No. 32 of 2023 Under Sections 323/506 I.P.C. Police Station-Sushant Golf City, District-Lucknow, in the interest of justice." 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. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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. 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. 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. With the aforesaid observations, the present application is disposed of. Order Date :- 13.2.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench