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2025 DAILYLAW 125529 (ALL)

PRADEEP KUMAR @ PRADEEP HARIJAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER

A482/1769/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13113 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1769 of 2025 Applicant :- Pradeep Kumar @ Pradeep Harijan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Narendra Pratap Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard 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 reliefs:- "Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet No 01/2023 dated 31.1.2023 in FIR No. 0438/2022 under section 308/323/504/506/427/452/352/34 I.P.C. registered at Police station Lambhua District Sultanpur, Criminal case No. 2110/2023 "State Vs. Sunil Kumar and others" and the cognizance/ summoning order dated 13.3.2023 passed by Chief Judicial Magistrate Court No. 16, Sultanpur as contained in Annexure No. 1 and 2 to this petition. It is further prayed that this Hon'ble Court may also kindly be pleased to stay the proceeding of criminal case No. 2110/2023 in FIR No. 0438/2022 under section 308/323/504/506/427/452 / 352/34 I.P.C. registered at Police station Lambhua District Sultanpur "State Vs. Sunil Kumar and others" and the cognizance/ summoning order dated 13.3.2023 passed by Chief Judicial Magistrate Court No. 16, Sultanpur." 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. 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 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench