DEVI DAYAL AGARWAL v. STATE OF U.P. THRU. PRIN. SECY. MINISTRY OF HOME AFFAIRS LKO. AND ANOTHER
A482/3681/2025 · 2025-05-01
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137296 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137296 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25260 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3681 of 2025 Applicant :- Devi Dayal Agarwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Ministry Of Home Affairs Lko. And Another Counsel for Applicant :- Ramesh Chandra Pathak,Mohit Pathak,Pratyush Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Shri Ramesh Chandra Pathak, 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 be pleased to :- (i) To issue a order or directions for quashing the charge sheet submitted in of the crime no. 493 of 2014 under section 386/507 I.P.C registered criminal as no. 0106042 of 2014 as contained in annexure no.1 to the application pending before the court of the A.C.J.M. Vth Lucknow and also quash the summoning order date 5.12.2014 passed in the said criminal case as contained in annexure no 2 to this application. (ii) To issue a order or directions for staying the further proceedings of the criminal case no.0106042 of 2014 pending before the court of the A.C.J.M. Vth Lucknow."
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 :- 1.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench