Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 135748 (ALL)

RIKSHPAL SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3415/2025 · 2025-04-22

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:22858 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3415 of 2025 Applicant :- Rikshpal Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Adarsh Shukla,Richa Saxena Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Adarsh Shukla, 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 Charge- sheet No. 01, dated 13.10.2020, under sections 352, 353 I.P.C and Section 26, 63(C), Indian Forest Act, 1927, Police Station Sampoorna Nagar, District Kheri, arising out of Case Crime No. 0152 / 2020, under section 352, 353 I.P.C and Section 26, 63(C), Indian Forest Act, 1927 in Misc. Case No. 1093/2022, Police Station Sampoorna Nagar, District - Kheri, as well as summoning order dated 15.09.2022 passed by Learned 1st A.C.J.M, Lakhimpur Kheri, in Criminal Case No. 1093, 'State Vs Rikshpal Singh and others', arising out of Case Crime No. 0152/2020, under section 352, 353 I.P.C and Section 26, 63(C), Indian Forest Act, 1927, Police Station Sampoorna Nagar, District - Kheri; with a further prayer that this Hon'ble Court may kindly also be pleased to stay the further proceeding of aforesaid Case No. 1093 /2022, 'State Vs Rikshpal Singh and others', during pendency of the present petition, 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 :- 22.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench