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2025 DAILYLAW 135391 (ALL)

AMIT SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3402/2025 · 2025-05-02

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25395 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3402 of 2025 Applicant :- Amit Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Onkar Pandey,Arjun Gupta Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard 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 preferred with the following prayer:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased set aside the summoning order dated 08/02/2023 passed by ACJM - III, Lucknow, in case no. 36 of 2023 arising out of Case Crime No. 119 of 2022 Under section 498A, 323, 313, 506, 120B IPC & 3/4 DP Act P.S. Sadat Ganj, District Lucknow, along with the charge sheet no. 01 of 2023 dated 17/12/2022, so far it relates to the applicant, contained collectively as Annexure no. 1 and 2; And, to set aside the entire proceedings of Session Trial No. 2477 of 2024 "State Vs Amit Singh & others" arising out of Case Crime No. 119 of 2022 Under section 498A, 323, 313, 506, 120B IPC & 3/4 DP Act P.S. Sadat Ganj, District Lucknow, in the interest of justice, till it extends its benefit to the ambit of applicant." 3. After arguing the matter at some length, Sri Saket Kumar Gupta, 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 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, if there is no any 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 :- 2.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench