PAWAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1663/2025 · 2025-03-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125055 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125055 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13048 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1663 of 2025 Applicant :- Pawan Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Garima Singh,Ajeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Ajeet Kumar, 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 entire proceedings of Criminal Case No. 7091 of 2024 (State vs Pawan Kumar Verma); arising out of Charge Sheet No. 01 of 2024 dated 08.03.2024 in pursuance of Case Crime No. / First Information Report No. 37 of 2024, Under Section 363 I.P.C., relating to Police Station Hardatt Nagar Girant, District Shrawasti, pending before Learned Civil Judge (Avar Khand)/Judicial Magistrate, Shrawasti as well as summoning order dated 09.12.2024 passed by Learned Civil Judge (Avar Khand)/Judicial Magistrate, Shrawasti (contained as Annexure No. 1 & 2), in the interest of law and 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 :- 4.3.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench