RAM SANWARI v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
A482/3594/2025 · 2025-04-29
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136602 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136602 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24418 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3594 of 2025 Applicant :- Ram Sanwari Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Vishnu Dev Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Shri Vishnu Dev Shukla, learned counsel for the applicant, 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 allow the petition and quash the impugned Charge Sheet No. A-5/2024 dated 08.01.2024 as well as cognizance
order dated 22.05.2024 passed by the Learned Additional Chief Judicial Magistrate, IInd, Faizabad, arising out of the Case Crime No. 248 of 2023 under section 147, 323, 504, 506, and 452 IPC Police Station Khandasa, District Ayodhya pending before the Learned Additional Chief Judicial Magistrate, IInd, Faizabad (Now District Ayodhya). It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Criminal Case No. 572/2024 (State vs. Roshan Lal and others) arising out of the Case Crime No.248 OF 2023 dated 18.11.2023, under section 147, 323, 504, 506, and 452 IPC Police Station Khandasa, District Ayodhya pending before the Learned Additional Chief Judicial Magistrate, IInd, Faizabad, during the pendency of the instant petition."
3. After arguing the matter at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant 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 applicant.
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 applicant 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 applicant 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case.
Order Date :- 29.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench