RAM LAKHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2799/2025 · 2025-04-18
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131342 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131342 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21909 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2799 of 2025 Applicant :- Ram Lakhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajesh Kumar,Dhruvendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicant and learned A.G.A. This application under Section 482 Cr.P.C. has been filed to quash the impugned summoning order dated 4.12.2023 issued by the Additional Civil Judge (S.D.) / Additional Chief Judicial Magistrate, Sultanpur in Criminal Case No. 10799 of 2023 arising out of Case Crime No. 47/2021 under Sections 452, 323, 504, 324, 506, 427 and 325 IPC, P.S. Jagdishpur, District Amethi and impugned Charge-sheet No. A115/2021 dated 18.5.2021 along with entire criminal proceeding of the aforesaid case pending before the court below. The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. Per contra learned A.G.A. submitted that from the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. The submissions made by the counsel for the applicant relate to disputed question of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen. The disputed defence of the accused cannot be considered at this stage. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of 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. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 and Musheer Alam Vs. State of Uttar Pradesh & Anr.
2025 SCC OnLine SC 116, 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 applicant in the aforesaid case. Order Date :- 18.4.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench