TAMANNA AZEEM AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER
A482/2054/2025 · 2025-04-04
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126983 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126983 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18736 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2054 of 2025 Applicant :- Tamanna Azeem And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Syed Waqar Husain,Salman Abbas,Shahnaz Bano Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present application has been filed with a prayer to quash the entire proceeding of Crime No. 0104 of 2024, under Sections 427, 506, 504 I.P.C, P.S Indiranagar, District Lucknow and set aside summoning order dated 18.12.2024, passed by learned ACJM II, Lucknow.
3. 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.
4. Learned A.G.A has no objection to the prayer made by
learned counsel for the applicants.
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 applicants applies for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law.
6. Liberty is also granted to the applicants to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously, in case there is no other legal impediment.
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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 4.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench