AMITABH SWAROOP v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
A482/1824/2025 · 2025-03-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125742 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125742 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14082 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1824 of 2025 Applicant :- Amitabh Swaroop Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Mohit Sharma,Mukul Kumar Sharma,Vaibhav Sangam Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant for the following main reliefs:-
"to quash the entire case proceedings, First Information Report Dated 24.04.2023, vide crime no. 0103/2023, under sections 406, 420, 504, 506 IPC, PS; Gomti Nagar Vistar, Lucknow, In intrest of justice."
3. For the purposes of seeking the instant application, learned counsel for the applicant has placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd vs the State Of Uttar Pradesh, 2024 INSC 626. However, 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. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. 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, their prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Liberty is also granted to the applicant to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously in accordance with law. 7.
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 applicants in the aforesaid case. Order Date :- 7.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench