SURAY PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1431/2025 · 2025-02-14
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123770 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123770 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9856 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1431 of 2025 Applicant :- Suray Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Surya Prakash,Arsh Bugga 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):-
"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the criminal proceedings of Criminal Case No. 2939/2023, arising out of charge sheet no. 209/2023 dated 12.06.2023 after the investigation of Case Crime No. 88/2023 under section 304-A, 420 I.P.C. & Section 15 Indian Medical Council Act, 1956 at Police Station Gola, District Lakhimpur Kheri against applicant/ petitioner, pending in the Court of Chief Judicial Magistrate, Lakhimpur Kheri as well as the summoning order dated 29.03.2024 as contained as Annexure No. 1 & 2 to this application. It is further prayed that during pendency of the application the further proceedings of criminal proceedings of Criminal Case No. 2939/2023, arising out of charge sheet no. 209/2023 dated 12.06.2023 after the investigation of Case Crime No. 88/2023 under section 304-A, 420 I.P.C. & Section 15 Indian Medical Council Act, 1956 at Police Station Gola, District Lakhimpur Kheri against applicant/petitioner, pending in the Court of Chief Judicial Magistrate, Lakhimpur Kheri as well as the summoning order dated 29.03.2024 may kindly be stayed in the interest of justice." 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 :- 14.2.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench