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2025 DAILYLAW 128058 (ALL)

MANISH KUMAR SRIVASTAVA @ MANISH SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/2268/2025 · 2025-03-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14819 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2268 of 2025 Applicant :- Manish Kumar Srivastava @ Manish Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajesh Kumar,Shivam Pandey 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(s):- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully and humbly prayed that this Hon'ble court may kindly be pleased to quash the impugned, charge sheet No. 01/2024 dated 09.03.2024 as well as the impugned summoning order dated 13.03.2024 (contained as Annexure No.1) passed by the learned Special Chief Judicial Magistrate, (Custom) Lucknow in FIR No. 95/2023 U/S 406, 420 I. P. C. State of U. P. Vs. Ashish Kumar Srivastava and Others P.S. Gazipur, District: Lucknow, whereby the learned Special Chief Judicial Magistrate, Custom, Lucknow has summoned the applicant / petitioner by passing non speaking and unreasoned impugned order dated 13-03-2024 without application of mind and in a very mechanical manner and further be pleased to stay the effect, operation and implementation of the impugned summoning order dated 13.03.2024 CONTAINED AS annexure no. 1, during pendency of the petition for the ends of Justice." After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant 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(s) 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(s) applies/apply 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