SUNIL KUMAR @ SUNIL KUMAR YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND ANOTHER
A482/1451/2025 · 2025-03-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123873 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123873 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13865 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1451 of 2025 Applicant :- Sunil Kumar @ Sunil Kumar Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Another Counsel for Applicant :- Satyendra Kumar Tiwari,Akhilesh Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.
2. The present application has been filed by the applicant for the following main reliefs:-
"WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to invoke its inherent powers under Section 482 Cr.P.C. and quash the entire criminal proceedings of the impugned Charge Sheet bearing No.1/2019 dated 23.11.2019 arises of Case Crime No.0646/2019, U/s-354/323/504/506/308 I.P.C. Police Station Mohanlalganj, District Lucknow including the summoning order dated 11.08.2023 passed by the learned Addl. Chief Judicial Magistrate-Court Room No.27, Lucknow, as contained in Annexure No.1 & 2 to the petition or to pass such other or further order, which, under the facts and circumstances of the case, the Hon'ble Court may deem fit just and proper, with a view to prevent the abuse of process of court and otherwise to secure the ends of justice and allow this petition with cost."
3. 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 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.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
5. 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.
6. 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.
7. 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.
Order Date :- 6.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench