SMT. SHASHI SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHERS
A482/3372/2025 · 2025-04-30
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134842 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134842 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24699 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3372 of 2025 Applicant :- Smt. Shashi Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Anothers Counsel for Applicant :- Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Shri Saurabh Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:-
" That in view of the aforesaid facts and circumstances of the case this Hon'ble Court may be pleased to quash the order dated 12.03.2025 passed in Criminal Revision No. 508 of 2024 (Shashi Singh Advocate Vs State and another) passed by the learned District Judge, Sultanpur and also set aside the order dated 28.06.2024 passed in Criminal Case No. 8440 of 2024 (State Versus Shashi Singh) by the learned Chief Judicial Magistrate, Room No. 16, Sultanpur arising out of Case Crime No. 134 of 2022 under Section 420 of I.P.C., related Station to Police Kotwali Nagar, District Sultanpur, in in the interest of justice."
3. After arguing the matter 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 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.
4. Learned A.G.A has no objection to the prayer made by
learned counsel for the applicant.
5. 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 applicant applies for bail before the court concerned, 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, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, in case
there is no other legal impediment.
7. 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case.
Order Date :- 30.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench