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2025 DAILYLAW 125580 (ALL)

RAM VISHAL AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/1774/2025 · 2025-03-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13620 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1774 of 2025 Applicant :- Ram Vishal And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Ramakant Sahu,Vinay Kumar 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:- "For the facts, reasons and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned summoning order dated 12.09.2024 passed by the learned Special Judge SC/ST Act Rarbareli in Special Sessions Trial No. 1041 of 2024 "State Versus Sharda Sharan Pandey and others" as well as impugned Charge Sheet bearing No. 01/2023 dated 26/10/2023 submitted by the investigation officer in F.I.R. No. 360/2023 under section 147/452/354(B)/323/506/427 I.P.C. Police Station- Maharajganj, District- Raebareli by means of which petitioners have been summoned facing the trial under Section 147/452/354(B)/323/506/427 I.PC., in a very illegal and arbitrary manner. It is further prayed that this Hon'ble Court directs the learned Special judge SC/ST Act Raebareli to quash the entire criminal proceeding of the Special Sessions Trial No. 1041/2024 "State Versus Sharda Sharan Pandey and others". It is also further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding so for concerned of the summoning order dated 12.09.2024 during the pendency of this petition, in the interest of justice." 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 :- 6.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench