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2025 DAILYLAW 127897 (ALL)

MITTHU LAL AND 7 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2184/2025 · 2025-03-12

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Neutral Citation No. - 2025:AHC-LKO:15113 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2184 of 2025 Applicant :- Mitthu Lal And 7 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The applicants, namely, Mitthu Lal, Smt. Sangeeta, Dileep alias Dileep Kumar, Rohit, Anil, Smt. Sharda alias Shardi, Smt. Prabhawati and Ajay have approached this Court by means of 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 kindly be pleased to quash the entire proceedings of Criminal Case No.24 of 2025; State Versus Mitthu Lal and others, arising out of Case Crime No.67 of 2023, under sections- 323, 325, 504, 506 and 308 I.P.С., relating to the Police Station- Maharajganj, District- Ayodhya, pending in the Court of learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Ayodhya, as well as impugned charge-sheets dated 28.9.2023 and 7.12.2023, submitted by the Investigating Officer against the petitioners, under sections- 147, 323, 452, 504, 506, 308 I.P.C. in aforesaid Case Crime number, and impugned cognizance/summoning order dated 27.1.2025, passed by the learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Ayodhya, as contained in Annexure nos.1, 2 and 3 respectively to this petition, in the interest of law and justice." 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 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 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 after taking note of the settled law on this issue including the law as laid down by the Hon'ble Apex Court in judgment dated 23.03.2028 passed in the case of Delhi Race Club (1940) Ltd. and Others Versus State of U.P. and another, Criminal Appeal No.3114 of 2024. 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 applicants apply for bail, whichever is earlier, he 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 :- 12.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench