Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 128060 (ALL)

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

A482/2248/2025 · 2025-03-11

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:14672 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2248 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 Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Shivam Pandey learned Advocate, holding brief of Sri Rajesh Kumar, learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main reliefs:- "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. 96/2023 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 the matter 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 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 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 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 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 11.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench