JITENDRA GUPTA AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3443/2025 · 2025-04-23
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135769 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135769 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23205 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3443 of 2025 Applicant :- Jitendra Gupta And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anurag.S.Kaalesh,Sachin Dubey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Shri Anurag S. Kaalesh and Sachin Dubey, 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 applicant with the following prayer:-
"i) to set aside the non-speaking cognizance order & summoning dated 29.11.2014 passed by A.C.J.M Ist, Lucknow in the connection of Criminal Case No. 117564/2024 (State -Vs — Jitendra Gupta & others), arose on the basis Case Crime No. 012/2024, U/s- 147,323,352,427,452,504,506 I.P.C, of Police Station- Hussainganj, District- Lucknow (U.P), only in respect of present applicants. ii. to quash the charge-sheet No. 01/2024, dated 02.08.2024 filed by the police of police station- Hussainganj, Lucknow, in the connection of Case Crime No. 012/2024, under section 147,323,352,427,452,504,506 I.P.C against the applicant, in respect of applicants only. iii. quash entire proceedings of Criminal Case No. 117564/2024 (State -Vs-Jitendra Gupta & others), having Case Crime No. 012/2024, U/s- 147,323,352,427,452,504,506 I.P.C, of Police Station- Hussainganj, District- Lucknow (U.P), of Police station Hussainganj, Lucknow, pending in the court of A.C.J.M- Ist, Lucknow, only in respect of present applicants. "
3. After arguing at some length, learned counsel for the applicants 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 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 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 BNSS 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, 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. Order Date :- 23.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench