PUTAN v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME DEPTT. AND ANOTHER
A482/2919/2025 · 2025-04-15
Manish Kumar
body2025
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[ 2025 DAILYLAW 131992 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131992 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21139 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2919 of 2025 Applicant :- Putan Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. And Another Counsel for Applicant :- Aman Thakur,Vineet Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel 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:-
" i) to issue a writ, order or direction in the nature of certiorari quashing the impugned chargesheet/ final report dated 23.06.2024 under Section 323, 504 and 506 IPC and 3(1) d and 3 (1)3 of Prevention of atrocities against Scheduled Case/Scheduled Tribe, 1989 in FIR No. 144 of 2024 registered against the applicant by opposite party no.2, as Case Crime No. 0144 of 2024, under Sections 323, 504, 506 IPC and section 3(1)d and 3(1)(e) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 on 26.05.2024 at Police Station Manpur District Sitapur, contained in Annexure no. 1 to the application. "
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 :- 15.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench