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2025 DAILYLAW 134933 (ALL)

NIRMOHI NISHAD AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND ANOTHER

A482/3407/2025 · 2025-04-22

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22777 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3407 of 2025 Applicant :- Nirmohi Nishad And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Shobh Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Shobh Nath Pandey, learned counsel for the applicants, 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 a prayer to quash the Chargesheet No. 381/2020 dated 21/12/2020, under sections 323,504,506,452,354B, 147 I.P.C. & 3(1)(d) SC/ST Act, at Police Station - Tarun, District - Ayodhya, as well as Summoning order dated 22/02/2021, passed by Learned Special Judge SC/ST Act Faizabad/Ayodhya in Case No. 49/21, State Vs Nirmohi Nishad and others arising out of Case Crime No. 0377/2020, under sections 308,323,504,506,452,354B,147 I.P.C. & 3(1)(d) SC/ST Act, at Police Station - Tarun. District - Ayodhya; ; with a further prayer that the further proceedings of the Special Session Trial No. 49/21, State Vs Nirmohi Nishad pending before the Learned Special Judge SC/ST Act Faizabad/Ayodhya, may kindly be stayed, during pendency of this application. 3. 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. 4. Learned A.G.A has no objection to the prayer made by learned counsel for the applicants. 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 applicants 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 applicants 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. Order Date :- 22.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench