MOHAMMAD SAEED SEHKHO v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
A482/3607/2025 · 2025-04-29
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137082 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137082 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24450 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3607 of 2025 Applicant :- Mohammad Saeed Sehkho Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Abrar Ali,Abdul Haq Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant 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 main prayers:-
"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pelased to quash the impugned summoning order dated 13.8.2024 issued by judicial magistrate-Third Lucknow in case no.76430/2024, case crime no.62/2023, under section 420 I.P.C,P.S- Sarojani Nagar, Distt. Lucknow, as well as impugned chargesheet no. 01/2023, dated 7.8.2023 alon with entire criminal proceedings of the aforesaid case pending before the judicial magistrate third, Lucknow as contained in annexure no. l to this application only in respect of the applicant."
3. After arguing 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 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 and 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 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 applicant in the aforesaid case.
Order Date :- 29.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench