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2025 DAILYLAW 135792 (ALL)

PRATIGYA PATI PANDEY AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

A482/3507/2025 · 2025-05-06

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26302 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3507 of 2025 Applicant :- Pratigya Pati Pandey And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ravindra Prakash Ojha Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Ravindra Prakash Ojha, 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:- "(1) To quash/set-a-side the Charge sheet No. 01/2021 dated 11/07/2021 submitted by investigating officer police station Kotwali Nagar District Ayodhya u/s 406/420/506 I.P.C in Criminal case/crime no. 325/2021, ST No. 14086/2022, State of U.P vs Pratigya Panday and another relating to police station Kotwali Nagar District Ayodhya as contained in Annexure No. 1 to this affidavit. (2) To quash / set-a-side the impugned summoning order dated 06.12.2022 passed by Chief Judicial Magistrate Ayodhya in Criminal case/crime no. 325/2021, ST No. 14086/2022, State of U.P vs Pratigya Panday and another relating to police station Kotwali Nagar District Ayodhya as contained in Annexure No. 2 to this affidavit. 3) To stay the impugned summoning order dated 06.12.2022 and further proceeding of the court in case no. 325/2021, ST No. 14086/2022 State of U.P vs Pratigya Panday and another relating to police station Kotwali Nagar District Ayodhya during pendency of the instant case." 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. 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. 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 :- 6.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench