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Neutral Citation No. - 2025:AHC-LKO:6285 Court No. - 12 Case :- APPLICATION U/S 482 No. - 224 of 2009 Applicant :- Kamloo Opposite Party :- State of U.P. Counsel for Applicant :- Raja Zaheer,Pramod Kumar Yadav Counsel for Opposite Party :- Govt.Advocate Hon'ble Saurabh Lavania,J.
ORDER ON THE APPLICATION FOR RECALL (Crl. Misc. Application for Recall No.32267 of 2018) Heard Shri Pramod Kumar Yadav, learned counsel for the applicant, learned AGA for the State and perused the record. This is an application for recall of order dated 24.11.2017. For the facts, reasons and circumstances, as stated in the affidavit filed in support of the application for recall, the application is allowed. The order dated 24.11.2017 is recalled. The application under Section 482 Cr.P.C. is restored to its original number.
ORDER ON THE MEMO OF THE APPLICATION/PETITION Heard Shri Pramod Kumar Yadav, learned counsel for the applicant, 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):-
"For the facts and reasons stated in the accompanying affidavit it is most respectfully prayed that this hon'ble court may kindly be pleased to quash the summoning order dated 08.07.2002 passed by A.C.J.M Court No. 2 Unnao in Case No.1/02 (Virendra Versus Kamloo and others) under sections 436 1.P.C. P.S. Fatehpur 84, Distt Unnao as well as the order passed in Criminal Revision No. 100/2008( Daya Shankar & others Versus State) dated 19/9/2008 passed by Sessions judge Unnao. It is further prayed that this Hon'ble court may kindly be pleased to stay the operation and implementation of the summoning order dated 08.07.2002 passed by A.C.J.M court No. 2 Unnao in Case No.1/02 (Virendra Versus Kamloo and
others) under sections 436 LP.C. P.S. Fatehpur 84, Distt Unnao or to pass any other order which this hon'ble court may deem fit and proper under the circumstance s of the case." After arguing 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 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. 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 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 applies for bail, whichever is earlier, he 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 :- 30.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench