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2025 DAILYLAW 128254 (ALL)

RAM NIWASH @ GATTU AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOHER

NA528/206/2025 · 2025-03-12

Saurabh Lavania

body2025

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Neutral Citation No. - 2025:AHC-LKO:15484 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 206 of 2025 Applicant :- Ram Niwash @ Gattu And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Anoher Counsel for Applicant :- Kunwar Bahadur 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 present application under Section 482 Cr.P.C. has been filed for the following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned chargesheet No.217/2024 dated 31.10.2024 filed by the Investigating Officer, under Section 115(2), 352, 351(3) B.N.S. in Case crime No.248/2024, Police Station- Sirsiya, District- Shrawasti and summoning order dated 13.2.2025, passed by the learned Chief Judicial Magistrate, Shrawasti) in Criminal Case Crime No.582/2025, State vs. Ram Niwash @Gattu and others arising out of Case crime No.248/2024, under Section 115(2), 352, 351(3) B.N.S., Police Station Sirsiya, District- Shrawasti, contained in Annexure No.1 and 2 to this petition. This Hon'ble Court further quash the entire criminal proceeding of Criminal Case Crime No.582/2025, State vs. Ram Niwash@ Gattu and others arising out of Case crime No.248/2024, under Section 115(2), 352, 351(3) B.N.S., Police Station- Sirsiya, District- Shrawasti which is pending before the learned Chief Judicial Magistrate, Shrawasti." After arguing at some length, learned counsel for the applicant(s) 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(s). 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(s) applies/apply 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 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 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 :- 12.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench