ASIF KHALIQ @ MOHD. ASIF AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/3629/2025 · 2025-05-05
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136332 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136332 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:25683 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3629 of 2025 Applicant :- Asif Khaliq @ Mohd. Asif And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Sachin Kumar Pandey,Mirza Ataulla Beg Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Supplementary affidavit filed on behalf of the applicants is taken on record. The present case has been filed under Section 482 Cr.P.C./528 of B.N.S.S. with the following main relief:-
"For the facts reasons and circumstances mentioned in the accompanying affidavit, it is most respectfully prayed that in the interest of justice this Hon'ble Court may kindly be pleased to quash the cognizance and Summoning order dated 23/01/2024, along with entire proceeding arising out of Impugned Charge Sheet dated 04/02/2023, (C.N.R No. UPUNNO40022752023), passed by Learned Chief Judicial Magistrate, District Unnao, on the basis of the investigation in F.I.R No. 0075/2023 Under Section-323,504,506 of I.P.C at P.S.- Kotwali, District-Unnao, in the interest of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay of the cognizance and Summoning order dated 23/01/2024, along with entire proceeding arising out of Impugned Charge Sheet dated 04/02/2023, (C.N.R No. UPUNNO40022752023), passed by Learned Chief Judicial Magistrate, District Unnao, on the basis of the investigation in F.I.R No. 0075/2023 Under Section 323,504,506 of I.P.C at P.S.-Kotwali, District-Unnao, in the interest of justice." After arguing the matter at some length, Sri Sachin Kumar Pandey, 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. Learned A.G.A has no objection to the prayer made by
learned counsel for the applicants. 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 apply for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law. 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, if there is no any other legal impediment. 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 :- 5.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench