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2025 DAILYLAW 126696 (ALL)

HARI SHANKER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/2001/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13188 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2001 of 2025 Applicant :- Hari Shanker Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jalaj Kumar Gupta,Ankur Yadav,Mehdi Khan,Mohd Javed 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 respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 08.05.1994 passed by Chief Judicial Magistrate, Sitapur whereby the Learned CJM rejected final report no. 27/92 dated 21.11.1992 and summoned the petitioner for facing trial under section 468, 420 r/w 511, IPC as well as criminal proceeding of case titled as State of U.P. Vs. Hari Shanker arising out of Case crime no.710/1992 under section 468, 420 r/w 511, IPC, Police Station-Kotwali, District-Sitapur, pending before Civil Judge (S.D.)/ FTC Sitapur, pending before Civil Judge (S.D.)/ FTC Sitapur." 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 :- 4.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench