RAMESH KUMAR MISHRA AND ANOTHER v. State of U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. GOVT. CIVIL SECTT. LKO. AND ANOTHER
A482/2106/2022 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129477 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129477 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5528 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2106 of 2022 Applicant :- Ramesh Kumar Mishra And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Civil Sectt. Lko. And Another Counsel for Applicant :- Umesh Singh,Anurag Shukla,Arvind Yadav Counsel for Opposite Party :- G.A.,Raj Priya Srivastava Hon'ble Saurabh Lavania,J. Heard Sri Arvind Yadav, learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main reliefs:-
"For the facts, reasons and circumstances as stated in the accompanying affidavit filed in support of present petition Under Section-482 Cr. P.C., it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the impugned summoning order dated 02.02.2022, passed by the court of learned Chief Judicial Magistrate, Barabanki in Criminal Case No. 1348/2022 (State Versus Vinay Pandey and others)arising out of impugned charge-sheet No. 01, dated 07.10.2021 submitted by the investigating officer against the applicants/petitioners in Case Crime No. 0445/2021, Under Section-406 I.P.C. pertaining to Police Station- Kotwali Nagar, District-Barabanki, as contained in Annexure No. 1 & 2 respectively to the affidavit. It is further prayed that during the pendency of the present petition, the further proceeding of Criminal Case No. 1348/2021 (State Versus Vinay Pandey and others), Case Crime No. 0445/2021, Under Section-406 I.P.C. pertaining to Police Station-Kotwali Nagar, District-Barabanki, pending before the court of learned Chief Judicial Magistrate, Barabanki, during the pendency of the present petition, 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 observations 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, they 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 :- 28.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench