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2025 DAILYLAW 132646 (ALL)

RAJBALI SINGH AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND ANOTHER

A482/3421/2024 · 2025-04-29

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24540 Court No. - 7 Case :- APPLICATION U/S 482 No. - 3421 of 2024 Applicant :- Rajbali Singh And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Ashok Kumar Singh,Aditya Vikram Shahi,Gaurav Singh Counsel for Opposite Party :- G.A.,Gyanendra Mishra Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present application has been filed by the applicant for the following main reliefs:- "WHEREFORE, it is most respectfully prayed that the Hon'ble Court may kindly be pleased to set- aside the summoning order dated 01.12.2023 passed in criminal case No.212/2024 "State of U.P. versus Rajbali Singh and others" passed by Judicial Magistrate (F.T.C.) (Crime against women), Sultanpur, contained as Annexure No.1 to this petition and the impugned charge sheet dated 17.11.2023 contained in Annexure No.2 may kindly be quashed." 3. Considered the facts stated in the affidavit filed in support of the application for recall, under consideration, and also the submissions advanced by the learned counsel for the applicants as also the order dated 12.04.2024 which indicates that the instant application u/s 482 No.3421 of 2024 was entertained after considering the statement of the counsel for the applicants that dispute between the parties can be settled by way of mediation and also the fact that mediation has failed. 4. On being confronted, after taking note of the aforesaid, the learned counsel for the applicants has submitted that liberty may be given to the applicants 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 AGA has no objection to the prayer made by learned counsel for the applicants. 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 applicants apply for bail before the court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. 7. Liberty is also granted to the applicants to move discharge application before the court below, if the charges have already not been framed, and the same shall be decided expeditiously in accordance with law. 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. Order Date :- 29.4.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench