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2025 DAILYLAW 133768 (ALL)

SMT. PHOOLMATI DEVI AND ANOTHER v. STATE OF UP THRU. PRIN. SECY. HOME CIVIL SECRTT. LKO AND ANOTHER

A482/3021/2022 · 2025-03-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14377 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3021 of 2022 Applicant :- Smt. Phoolmati Devi And Another Opposite Party :- State Of Up Thru. Prin. Secy. Home Civil Secrtt. Lko And Another Counsel for Applicant :- Pawan Kumar Misra,Anubhav Yadav,Om Prakash Nag Counsel for Opposite Party :- G.A.,Amit Kumar Singh,Ichchha Singh,Kiran Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash / set aside the charge sheet no. 1/2020 dated 24.07.2020 filed in Case no.80671/2021 (State ..Vs..Avinash Kumar Singh and others) arising out of Case Crime No. 0691 of 2019 by the Police of Police Station Ashiyana District Lucknow, which is pending in the Court of Additional Chief Judicial Magistrate, Court No.5, Lucknow in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal Proceedings against the petitioners arising out of Case no.80671/2021 (State ..Vs..Avinash Kumar Singh and others) arising out of Case Crime No. 0691 of 2019 by the Police of Police Station Ashiyana District Lucknow, which is pending in the Court of Additional Chief Judicial Magistrate, Court No.5, Lucknow. in the interest of justice." After arguing the matter at some length, 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. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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. Liberty is also granted to the applicants to move discharge application before the court below, if the charges have already not been framed, which shall be decided expeditiously in accordance with law. With the aforesaid observations, the present application is disposed of. Order Date :- 10.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench