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2025 DAILYLAW 137574 (ALL)

PANCHAM LAL AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3688/2025 · 2025-05-05

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25783 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3688 of 2025 Applicant :- Pancham Lal And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sanjeev Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Sanjeev Dwivedi, learned counsel for the applicants, 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:- "(1) wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the the impugned summoning order dated 28/11/2019 passed by Additional Chief Judicial Magistrate Second Room no. 26 in Case No. 90006/2019 u/s 323/325/504 I.P.C Act arising out of case crime no. 03/2018 under section 323/325 504, Indian Penal Code Police Station Banthra District-lucknow State of U.P. versus pancham lal & others pending before the s upper mukhy nyayaik magistrate room no 26 Lucknow is being annexed as Annexure No. 1 this affidavit. (2) further most respectfully prayed that this Hon'ble Court may kindly be pleased to stay the the impugned summoning order dated 28/11/2019 passed by Additional Chief Judicial Magistrate Second Room no 26 in case no 90006/2019 u/s 323/325/504 I.P.C arising out of case crime no. 03/2018 under section 323/325 504, Indian Penal Code Police Station Banthra District-lucknow State of U.P. versus pancham lal & others pending before the upper mukhy nyayaik magistrate room no 26 lucknow. " 3. After arguing the matter 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 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 applicants. 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 applicants 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 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, 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 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 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench