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2025 DAILYLAW 129682 (ALL)

NASREEN FATIMA AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2563/2025 · 2025-04-01

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17931 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2563 of 2025 Applicant :- Nasreen Fatima And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shobhit Harsh,Abdul Ahad,Jatin Raheja,Prabhat Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application has been filed with a prayer to quash the entire criminal proceedings of Crl. Misc. Case No. 20918/2025 (CNR No. UPLK040235082025), arising out of case crime no. 301/2024 (State of U.P. vs. Salman and Ors.) pending in the court of Additional Chief Judicial Magistrate, court no. 26, Lucknow, District Lucknow, under Sections 323, 504 IPC, Police Station Indira Nagar, District Lucknow and further to stay the operation and implementation of the summoning order dated 23.01.2025 passed in the case, as aforesaid. 3. After arguing the matter 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 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. 4. Learned A.G.A has no objection to the prayer made by learned counsel for the applicants. 5. 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, prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Liberty is also granted to the applicants to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, if there is no any other legal impediment. 7. 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. Order Date :- 1.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench