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2025 DAILYLAW 137453 (ALL)

RANTIDEO PANDEY @ RANTA DEV PANDEY AND 2 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3673/2025 · 2025-05-12

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27663 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3673 of 2025 Applicant :- Rantideo Pandey @ Ranta Dev Pandey And 2 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vyomesh Chandra Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants 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 applicants with the following main prayers:- "For the facts and reasons stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 05.10.2024 (as contained in Annexure No. 01 to the accompanying affidavit) passed by ACJM II, Ayodhya in Case No. 1344 of 2024, relating to Case Crime No. 172 of 2024 u/s 323, 504, 506 IPC P.S. Taarun, District Ayodhya as well as the chargesheet bearing no. 01 dated 22.06.2024 filed in Case Crime No. 172/2024 dated 22.06.2024 u/s 323, 504, 506 I.P.C. (as contained in ANNEXURE NO. 02 to the affidavit) and this Hon'ble Court may further be pleased to quash the proceedings of Case No. 1344 of 2024, relating to Case Crime No. 172 of 2024 u/s 323, 504, 506 IPC(State of U.P. v/s Ranta Dev and others) pending before Additional Chief Judicial Magistrate II, Ayodhya. It is further prayed that during the pendency of the present petition U/S 482 Cr.P.C / 528 B.N.S.S., this Hon'ble Court may also be pleased to stay the proceedings of Case No. 1344 of 2024, relating to Case Crime No. 172 of 2024 u/s 323, 504, 506 IPC(State of U.P. v/s Ranta Dev and others) P.S. Taarun, District Ayodhya pending before Additional Chief Judicial Magistrate II, Ayodhya, otherwise the Applicant shall suffer irreparable loss and injury." 3. After arguing 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 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 applicants. 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 applicants apply for bail before the Court concerned, their 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 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. Order Date :- 12.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench