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2025 DAILYLAW 130827 (ALL)

SHYAMU v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2699/2025 · 2025-04-22

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22625 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2699 of 2025 Applicant :- Shyamu Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anurag Tripathi,Anand Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Anurag Tripathi and Sri Anand Mani Tripathi, learned counsels for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:- "To quash the entire proceedings of CIS No. 33331 of 2024 "State Vs. Shyamu" arising out of Case Crime No. 335 of 2023 under Section3/7 of Essential Commodities Act, 1955 Police Station Chhapiya, District Gonda. To quash impugned chargesheet dated 07.09.2024 filed in FIR No. 0335 of 2023, under Section 3/7 of Essential Commodities Act, 1955, Police Station Chhapiya, District Gonda as well as impugned summoning order dated 02.01.2025 passed in CIS No. 33331 of 2024 "State Vs. Shyamu" contained as Annexure no. 1 and 2 to this petition" 3. After arguing at some length, learned counsel for the applicant 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 Satendra 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 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 applicant. 5. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies 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 applicant to move discharge application before the court below 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 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. Order Date :- 22.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench