SMT. MALTA @ SMT. MALTI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/3374/2025 · 2025-04-30
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135370 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135370 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24714 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3374 of 2025 Applicant :- Smt. Malta @ Smt. Malti Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
2. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been filed for the following main relief:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the entire proceedings of Misc. Criminal case no.: 5543/2023 (Jamuna Devi Versus Shiv Shankar and others), Under section 302, I.P.C. Police station Maholi, District Sitapur pending in the court of Chief Judicial Magistrate, Sitapur as well as summoning
order dated 07.10.2024 passed by Chief Judicial Magistrate, Sitapur, in the interest of justice."
3. After arguing 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 decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 and Musheer Alam versus State of Uttar Pradesh and another, 2025 SCC OnLine SC 116 as 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 applicant.
5. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 B.N.S.S. 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, his 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 and the same shall be decided expeditiously, if there is no any other legal impediment and in accordance with law.
7. Taking note of the facts of the case and also the observation 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.
8. With the aforesaid observations, the present application is
disposed of.
Order Date :- 30.4.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench