CHANDRA KANT NIGAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/2449/2025 · 2025-03-19
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129104 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129104 (ALL) · dailylaw.ai ]
Judgment text
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+Neutral Citation No. - 2025:AHC-LKO:15845 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2449 of 2025 Applicant :- Chandra Kant Nigam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sikandar Zulqarnain Khan,Ravi Kant 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/set aside the charge sheet no. 109/2013 dated 25.09.2013 submitted by investigating officer in Criminal Case No. 262/2014, Crime No. 162/2013 under Section 408/504/506 IPC PS Vikas Nagar, District Lucknow and the summoning
order dated 10.02.2014 and NBW along with proceeding of Section 82 Cr.P.C. dated 05.02.2025 passed by Additional Chief Judicial Magistrate- IV Lucknow. The copy of charge sheet and summoning order dated 10.2.2014 and NBW aloong with proceedings under Section 82 Cr.P.C. as contained in Annexure no. 1, 2 and 3 to the affidavit. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of Criminal Case No. 262/2014, Crime No. 162/2013 under Section 408, 504, 506 IPC PS Vikas Nagar, District Lucknow and the summoning order dated 10.2.2014 and NBW alongwith proceedings of section 82 Cr.P.C. dated 05.02.2025 passed by Additional Judicial Magistrate-IV Lucknow, during pendency of the case. " After arguing at some length, learned counsel for the applicants 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 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 applicants apply 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 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 :- 19.3.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench