MUZIB AHAMAD v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND ANOTHER
A482/2269/2025 · 2025-03-11
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127732 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127732 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14823 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2269 of 2025 Applicant :- Muzib Ahamad Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Sanjeev Shukla,Raj Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to pass an order allowing the petition quashing the impugned summoning as well as cognizance order dated 21.01.2025 passed by the Additional Chief Judicial Magistrate-4, Unnao by means of which he has taken cognizance upon Charge Sheet No.-244/2023 dated 02.11.2023, arising out from the Case Crime No.-0243/2023, under section-323,504,506,341 I.P.C., Police Station-Asoha, District-Unnao, parties "State versus Mujeeb Ahmad and another" "as it relates to the petitioner" which is pending before the Additional Chief Judicial Magistrate-4, Unnao." After arguing at some length, learned counsel for the applicant 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. 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/their 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 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 applies 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 :- 11.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench