RIZWAN HASHMI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/2186/2025 · 2025-03-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127595 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127595 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14341 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2186 of 2025 Applicant :- Rizwan Hashmi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Pravin Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri M.A. Faruqi, Advocate alongwith Sri Vaibhav Tandon, Advocate has filed Vakalatnama on behalf of the opposite party No. 2 in the Court today, which is taken on record. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main relief(s):-
"For the facts reasons and circumstances mentioned in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 20.11.2023 under section 452, 323, 504, 506 І.Р.С., (Annexure No.2) arising out of case crime No.491 of 2023, registered at Police Station - Fakharpur, District Bahraich and also the cognizance order dated 08.04.2024 passed by Learned Judicial Magistrate, Bahraich (Annexure No.1) as well as the entire impugned proceeding of criminal case No.10105 of 2024 "State Vs. Azhad and another" arising out of case crime No.491 of 2023 under section 452, 323, 504, 506 I.P.C., Police Station Fakharpur, District Bahraich, pending before the court of Learned Judicial Magistrate, Bahraich, in the interest of justice." 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. Learned AGA has no objection to the prayer made by learned counsel for the applicants.
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 apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicants 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 10.3.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench