Neutral Citation No. - 2025:AHC-LKO:24133 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 336 of 2025 Applicant :- Iraz Khan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Sooraj Lal,Avanish Kumar Yadav,Prahlad Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Sooraj Lal, 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 the following main prayer:- " For the facts, reasons and circumstances stated in the present application and affidavit filed in its support, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set-aside the entire proceeding of session case no 333/2025 (State vs Manu Khan & others) which is pending before Special Judge SC/ST Act Lucknow which is arises FIR No. 0248/2024, Dated 15.07.2024, U/s- 191(2), 115(2), 131, 74, 352, 351(2) of BNS 2023 & 3(1) (da), 3(1) (dha), & 3(2)5A of SC/ST Act 1989 P.S. Ashiyana, District Lucknow & quash impugned summoning order dated 21.02.2024 passed by Learned Special Judge SC/ST Act Lucknow in Session case no-333/2025 (State vs Manu Khan & others) FIR No. 0248/2024, Dated 15.07.2024, U/s- 191(2), 115(2), 131, 74, 352, 351(2) of BNS 2023 & 3(1) (da), 3(1) (dha), & 3(2)5A of SC/ST Act 1989 P.S. Ashiyana, District Lucknow and also quash the impugned Charge Sheet no 01, dated 19.08.2024 submitted by the Investigation Officer in aforesaid FIR on which the learned Court below has taken cognizance and summoned the innocent applicants to face trial U/s- 191(2), 115(2), 131, 74, 352, 351(2) of BNS 2023 & 3(1) (da), 3(1) (dha), & 3(2)5A of SC/ST Act 1989 (contained as ANNEXURE NO. 1 & 2) in the interest of justice." 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 :- 28.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench