GUDDU AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
A482/1517/2025 · 2025-03-03
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123776 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123776 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12529 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1517 of 2025 Applicant :- Guddu And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- O.P. Tiwari,Ashish Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant(s), learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):-
"Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned summoning order dated 27.09.2023 passed by learned Civil Judge, Senior Division (F.T.C)/Additional Chief Judicial Magistrate, District Unnao and entire criminal proceeding in case no.2564 of 2023, State vs Munna Lal and others, in FIR/Case Crime No. 175 of 2021, Sections 147, 308, 336, 323, 504, 506 IPC and 7 Criminal Law Amendment Act, Police Station Bangarmau, District Unnao against the applicants (only relates to the applicants) and as well as impugned Charge Sheet No.176 of 2021 dated 31.07.2021 submitted by Investigating Officer against the applicants contained as Annexure No.1 and 2 to this petition, in the interest of law and justice" After arguing at some length, learned counsel for the applicant(s) has submitted that liberty may be given to the applicant(s) 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 Satender Kumar Antil versus 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 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(s).
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(s) applies/apply for bail before the Court concerned, his/their prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicant(s) 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 observation 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(s) applies/apply for bail, whichever is earlier, he would not take any coercive action against the applicant(s) in the aforesaid case. With the aforesaid observations, the present application is
disposed of.
Order Date :- 3.3.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench