SUDHIR KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
A482/2724/2025 · 2025-05-05
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130830 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130830 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26015 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2724 of 2025 Applicant :- Sudhir Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Adhyatm Singh,Amarnath Sinha,Arun Kumar Sisodia,Kuldeep Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Valakatnama filed by Shri Ajmal Khan, Advocate on behalf of opposite party no. 2 is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:-
" For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Criminal Case No. 106304 of 2024 "State Versus Sudhir Kumar and another" including the impugned summoning order dated 30.10.2024 as well as impugned charge sheet dated 28.7.2024 Under Section 188,352,504,506 Ι.P.C. Police Station-P.G.I., District-Lucknow pending in the Court of learned Chief Judicial Magistrate, District-Lucknow against the petitioners."
4. After arguing the matter 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 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.
5. Learned A.G.A, on the basis of instructions received has submitted that the incident had occurred and the police had reached at the spot in question, but he has not disputed the prayer made by learned counsel for the applicant.
6. 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 applicant applies for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with
law.
7. Liberty is also granted to the applicant 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, in case there is no other legal impediment.
8. 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case.
Order Date :- 5.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench