RITESH KUMAR AND ANOTHER v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HOME LKO. AND 4 OTHERS
A482/1725/2025 · 2025-03-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125178 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125178 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13285 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1725 of 2025 Applicant :- Ritesh Kumar And Another Opposite Party :- State Of U.P. Thru. Its Secy. Deptt. Of Home Lko. And 4 Others Counsel for Applicant :- Diwakar Singh,Anees Kumar,Mohd Hatim,Nitin Kumar Mishra,Rahool Kumar Singh,Virendra Pratap Rana,Virendra Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main reliefs:-
"I. To quash the impugned order dated 20.1.2025 passed in the case No. 29571 / 2022, Crime No. 264 / 2021 by Judicial Magistrate, 3rd, District & Session Court Lucknow passed in the impugned charge sheet dated 16.8.2021 filed U/S 173 of Cr.P.C filed in response of the F.I.R No. 0264 dated 25.6.2021 filed U/S 406, 420, 504 & 506 of IPC lodged in the Police station, Sarojni Nagar, District, Lucknow. II. To quash the impugned charge sheet dated 16.8.2021 filed U/S 173 of Cr.P.C in pursuance of the F.I.R No. 0264 dated 25.6.2021 filed U/S 406, 420, 504 & 506 of IPC lodged in the Police station, Sarojni Nagar, District, Lucknow pending before the Judicial Magistrate, 3rd, District & Session Court Lucknow passed in the impugned. III. To stay the proceedings of Case No. 29571 / 2022 and Crime No. 264/2021 pending before the Judicial Magistrate, 3rd, District & Session Court Lucknow passed in pursuance the F.I.R No. 0264 dated 25.6.2021during the pendency of present petition." After arguing the matter at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants 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. Learned AGA has no objection to the prayer made by learned counsel for the applicants.
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 applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicants 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 5.3.2025/Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench