RAJESH KUMAR PANDEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/2975/2025 · 2025-04-18
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132481 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132481 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21969 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2975 of 2025 Applicant :- Rajesh Kumar Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Upendra Prakash Pathak 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 summoning order dated 04.02.2025 passed by the Additional Chief Judicial Magistrate (A.P.), Lucknow as well as the charge sheet dated 27.11.2024 and for setting aside the entire proceedings arising out of Case Crime No. 159 of 2024, under Section 170, 417, 419 IPC, Police Station Mahanagar, District Lucknow (State Vs. Rajesh Kumar Pandey) pending in the court of Additional Chief Judicial Magistrate (A.P.) Lucknow and further to stay the proceedings of the aforesaid case crime number. 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 their 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 applicants. The submissions made by the counsel for the applicants 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 applicants apply for bail before the Court concerned, their 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 apply for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. Order Date :- 18.4.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench