Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 126862 (ALL)

PRITH @ PRITHVIRAJ v. STATE OF U.P. THRU. SECY. LKO. AND ANOTHER

A482/2329/2025 · 2025-03-12

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:15388 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2329 of 2025 Applicant :- Prith @ Prithviraj Opposite Party :- State Of U.P. Thru. Secy. Lko. And Another Counsel for Applicant :- Ram Sahay Yadav 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 relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the criminal proceeding of Case No. 330/2019 pending before the court of Chief Judicial Magistrate, Shrawasti arising out of charge-sheet dated 17.10.2018 filed by police in Crime No. 289/2018, Under Sections- 447 I.P.C. and 3/4 of The Prevention of Damages on Public Property Act, relating to Police Station-Bhinga, District - Shrawasti against the petitioner. It is further prayed that the charge-sheet dated 17.10.2018 filed before the court of Chief Judicial Magistrate, Shrawasti in Crime No. 289/2018, Under Sections- 447 of I.P.C. and Under Sections- 3/4 of The Prevention of Damages on Public Property Act against petitioner, relating to Police Station Bhinga, District - Shrawasti may kindly be quashed as contained in Annexure No. 01 to this petition. It is also prayed that summoning order dated 30.01.2019 passed by the Learned Magistrate as well as subsequent order dated 08.01.2025 issuing non bailable warrant against the petitioner in pursuant to summoning order dated 30.01.2019 passed in Case No. 330/2019 pending before the court of Chief Judicial Magistrate, Shrawasti arising out of Crime No. 289/2018, Under Sections- 447 of I.P.C. and Under Sections- 3/4 of The Prevention of Damages on Public Property Act, relating to Police Station- Bhinga, District Shrawasti against the petitioner may also kindly be quashed as contained in Annexure No. 02 and Annexure no. 03 collectively to this petition." 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 the 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, if the charges have already not been framed, which 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 :- 12.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench