RAMTEJ YADAV @ RAMTEJ AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS
A482/3339/2025 · 2025-04-21
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134869 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134869 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:22304 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3339 of 2025 Applicant :- Ramtej Yadav @ Ramtej And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Applicant :- Jyoti Tripathi,Surjeet Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants 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 applicants with the following main prayers:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be please to quash the impugned Charge Sheet No. A-25 of 2020 dated 09.02.2020 (contained as Annexure No. 1 to this application) as well as cognizance order dated 16.12.2020 issued by the Special Court, SC/ST Act, Ambedkar Nagar (contained as Annexure No. 2 to this application), in the interest of justice. It is further prayed for quashing the Non Bailable Warrant (N.B.W.) dated 21.01.2025 issued by passed by the Special Court, SC/ST Act, Ambedkar Nagar (contained as Annexure No. 3 to this application) as well as entire criminal proceeding arising out of case crime no. 0309 of 2019, under section- 323, 504, 506 I.P.C. and 3(1)(da), 3(1)(dha) of SC/ST Act, P.S. Jalalpur, District- Ambedkar Nagar. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of the entire session case no.118 of 2020 arising out of case crime no. 0309 of 2019, under section- 323, 504, 506 I.P.C. and 3(1)(da), 3(1)(dha) of SC/ST Act, P.S. Jalalpur, District- Ambedkar Nagar pending before the Special Court, SC/ST Act, Ambedkar
Nagar,
in
the
interest
of
justice."
3. After arguing 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 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 and 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
applicants.
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 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.
6. Liberty is also granted to the applicants 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 21.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench