ARVIND @ ARVIND LODH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AND ANOTHER
A482/1708/2025 · 2025-03-03
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125305 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125305 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12626 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1708 of 2025 Applicant :- Arvind @ Arvind Lodh And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home And Another Counsel for Applicant :- Akhilesh Singh Chauhan,Durga Prasad Singh 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 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.01/2023 dated 17.11.2023 arises out of Case Crime No. 326/2023 U/s- 323,504 I.P.C. and 3(1) (द), 3(1) (ध) and 3(2) (va) of SC/ST Act, Police Station Mall, District Lucknow including the impugned summoning order dated 22.03.2024 passed by the learned Special Judge (SC/ST) Act, 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." 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 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench