MOHITUDDIN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
A482/3540/2025 · 2025-04-25
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136049 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136049 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23819 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3540 of 2025 Applicant :- Mohituddin And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Rama Kant Dixit Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash impugned summoning order dated 29/03/2025 by which the petitioners have been summoned to face trial under section 363, 376-D, 506 I.P.C., 5(g)/6 POCSO Act and 3(2)v SC/ST Act arises out of Case Crime No. 107/2024 P.S.-Hardi, District- Bahraich as contained in Annexure No. 1 to this petition. It is further prayed that this Hon'ble Court may graciously be pleased to stay the summoning order dated 29/03/2025 by which the petitioners have been summoned to face trial under section 363, 376D, 506 I.P.C. and 5(g)/6 POCSO act and 3(2)v of SC ST Act arises out from case crime no. 107/2024 P.S. Hardi, District-Bahraich."
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 :- 25.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench