SUDHIR SINGH v. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME, LKO. AND ANOTHER
A482/1345/2025 · 2025-02-13
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123191 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123191 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9391 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1345 of 2025 Applicant :- Sudhir Singh Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Vinod Kumar Tiwari,Srees Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 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 applicant for the following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the charge sheet dated 26.07.2019, concerning Case Crime No.201 of 2018, under section 285, 337, 338, 304A I.P.C. & section 7 the Criminal Law Amendment Act, 1932, Police Station Naka Hindola, district Lucknow, as well as impugned summoning order dated 27.07.2019, passed by The Learned Chief Judicial Magistrate, Lucknow in case no.20989 of 2019, parties state versus Surendra Jaisawal and others, so far it relates to the petitioner." After arguing the matter 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 directed to be decided in view of law laid down by the 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 applicant. 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 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 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant 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