RAM ANUJ AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
A482/2204/2025 · 2025-04-07
Manish Kumar
body2025
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[ 2025 DAILYLAW 127450 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127450 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19340 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2204 of 2025 Applicant :- Ram Anuj And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sarjoo Ram,Aklavya,Chandan Prasad,Prashant Shekhar,Ravi Kant,Sachin Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.
2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicants with the following
main
prayers:-
"I. Issue a order or direction to Quash the impugned charge sheet bearing charge sheet No- 75/2018 on dated 02.07.2018 Under Section 147, 352, 504, 506, 427, I.P.C against the applicant's (Contained as Annexure No. 1) in the interest of justice. II. Issue a order or direction to stay criminal proceeding against the applicant's bearing ST No. 12076/20243 (State v/s Ram Anuj and others) to case crime No. 112/2018 Under Section 147,352,504,506,427 I.P.C Police Station- Patti District- Pratapgarh, which is pending in the Court of Learned Judicial Magistrate Pratapgarh (Contained as Annexure No. 2) in the interest of justice. III.Issue a order or direction to stay the summoning order dated 25/07/2023 passed by Learned Judicial Magistrate Pratapgarh (Contained as Annexure No-1 and 2) in the interest
of
justice."
3. After arguing 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 decided in view of law laid down by Hon'ble Supreme Court in the case of Satendra 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 be decided expeditiously.
4. Learned AGA has no objection to the prayer made by
learned
counsel
for
the
applicants.
5. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for with a direction to the court below that if the applicants apply 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 applicants to move discharge application before the court below and the same shall be decided expeditiously, if there is no any other legal impedimentand
in
accordance
with
law.
7. Taking note of the facts of the case and also the observations 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 7.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench