Neutral Citation No. - 2025:AHC-LKO:22347 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3337 of 2025 Applicant :- Rasid And 2 Others Opposite Party :- State Of U.P. Thru Principal Sec. Home And 6 Others Counsel for Applicant :- Sajjad Husain 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:- "1. Quash the summoning order dt. 18.03.2025 passed by the Learned Additional District and Sessions Judge POCSO Act, Balrampur passed in Criminal Misc. Case No. 225 of 2024 (CNR No. UPBP010024822024) State of UP Vs. Javed) and allow the instant application A482CrPC and dismissed the the application dt. 08.11.2024 U/s 348 BNSS, where the applicants have been summoned under Section 358 BNSS, pursuant to an application originally filed under Section 348 BNSS, for securing the ends of justice. Copy of the Order dt.18.03.2025 is annexed herewith as Annexure No.1 to this application. and application dt. 08.11.2024 is annexed as Annexure No. 11 to this application. II. Stay the implementation and operation of the summoning order dt. 18.03.2025 passed by the Learned Additional District and Sessions Judge POCSO Act, Balrampur passed in Criminal Misc. Case No. 225 of 2024 (CNR No. UPBP010024822024) State of UP Vs. Javed), whereby the applicants have been summoned under Section 358 BNSS, pursuant to an application originally filed under Section 348 BNSS, during pendency of this application for securing the ends of justice. Copy of the Order dt.18.03.2025 is annexed herewith as Annexure No.1 to this application. III. Stay the arrest of the applicants in furtherance of the summoning order dt. 18.03.2025 passed by the Learned Additional District and Sessions Judge POCSO Act, Balrampur passed in Criminal Misc. Case No. 225 of 2024 (CNR No. UPBP010024822024) State of UP Vs. Javed), whereby the applicants have been summoned under Section 358 BNSS, pursuant to an application originally filed under Section 348 BNSS, during pendency of this application for securing the ends of justice. Copy of the Order dt. 18.03.2025 is annexed herewith as Annexure No.1 to this application." 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