TAJ MOHAMMAD AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2637/2025 · 2025-03-26
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130336 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130336 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17385 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2637 of 2025 Applicant :- Taj Mohammad And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Charge Sheet No. 46/2011, dated 31.07.2011 and summoning order dated 24.12.2011, arising out of the Case Crime No.948/2010, under section 147, 148, 149, 307, 323, 332, 336, 341, 352, 353, 427, 504, 506, 189 IPC and section 2/3 U.P. Probation Damage to Public Property Act and 7 C.L.A. Act, Police Station-Jayas, District-C.S.M. Nagar (now Amethi), in Crl. Case No.4143/2011 (State Vs. Sanjay Shukla @ Baba Bari and others), pending in the Judicial Magistrate-II, Court No.19, Raibareli (so far as it relates to the Petitioners), as contained in Annexure No. 1 and 2 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Crl. Case No.4143/2011 (State Vs. Sanjay Shukla @ Baba Bari and others) arising out of the Case Crime No.948/2010, under section 147, 148, 149, 307, 323, 332, 336, 341, 352, 353, 427, 504, 506, 189 IPC and section 2/3 U.P. Probation Damage to Public Property Act and 7 C.L.A. Act, Police Station-Jayas, District- C.S.M. Nagar (now Amethi), pending in the Judicial Magistrate-II, Court No.19, Raibareli (so far as it relates to the Petitioners), in the interest of justice."
3. 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. 4. Learned AGA 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, his 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 and the same shall be decided expeditiously, if there is no any other legal impediment.
7. 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.
8. With the aforesaid observations, the present application is
disposed of.
Order Date :- 26.3.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench