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2025 DAILYLAW 128729 (ALL)

ATUL KUMAR MISHRA @ ATUL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/2380/2025 · 2025-03-12

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Neutral Citation No. - 2025:AHC-LKO:15466 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2380 of 2025 Applicant :- Atul Kumar Mishra @ Atul Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Vijai Bahadur Verma,Aditya Kumar Pandey,Ashwini Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 28-11-2018 in Crl. Case No. 1853 of 2018 (State Vs. Anil Kumar and others) arising out of Case Crime No. 114/2017 under section 147/323/427/504/506 IPC at P.S. Patti, District- Pratapgarh, which is pending before the Court of Judicial Magistrate Room No.15, Pratapgarh against the Applicant only contained as Annexure No. 1 to this Application. Further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Crl. Case No. 1853 of 2018 (State Vs. Anil Kumar and others) arising out of Case Crime No. 114/2017 under section 147/323/427/504/506 IPC at P.S. Patti, District- Pratapgarh, which is pending before the Court of Judicial Magistrate Room No. 15, Pratapgarh with respect to applicant only, by exercising the inherent power as provided to this Hon'ble Court under Section 482, CR.P.C. in the interest 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 already not been framed, and the same 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. Order Date :- 12.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench