RAM AUTAR AND 3 OTHERS v. STATE OF U.P. THRU. SECY. LAW SECTT. LKO AND 2 OTHERS
A482/2429/2025 · 2025-03-20
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128761 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128761 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16011 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2429 of 2025 Applicant :- Ram Autar And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Law Sectt. Lko And 2 Others Counsel for Applicant :- R.K.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been filed for the following main relief:-
" For the facts, reasons and circumstances as stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the entire criminal proceedings with impugned summoning order dated 27.11.2024 i.e. AN No. 7 followed by 07.12.2024, 06.02.2025 & 20.03.2025 with regards petitioners only, in connection with Criminal Case No. 1233/2024 State Vs. Ram Autar Etc. PlS. Fatehpur Chaurasi, District Unnao U/sec.....308, 323, 504, 506 IPC (110, 115 (2), 352, 351 (2), BNS2023) which is pending in the Court of Chief Judicial Magistrate Safipur Unnao, i.e. OP No. 2, thereby trial Court has taken cognizance on 27.11.2024 on the above said criminal case & summoned to petitioners by fixing a date 07.12.2024, 06.02.25 & 20.03.25 without applying his judicious mind on the material available on records against petitioners on a concocted complaint which has been lodged by opp no. 3, in order to miscarriage of justice by abusing the legal process after summoning & examining the lower court record in the interest of justice, and further be pleased to stay the proceedings of aforesaid criminal case as well as operation and implementation of impugned summoning order dated 27.11.2024, alternatively be allowing to petitioners, to appear before the trial court in order to face the trial through his counsel as interim measure or by directing to court below to decide their bail application on same day/as early as soon possible during pendency of the present petition especially petitioner nos.
2 and 3 otherwise petitioner would suffer irreparably which may not be compensated by any means in the interest of 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 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 and the same 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), 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 :- 20.3.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench