Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 138145 (ALL)

RIYAAZ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3759/2025 · 2025-05-07

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:26665 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3759 of 2025 Applicant :- Riyaaz Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Bhanupriya Singh,Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No. 3272 of 2022; State Vs. Aneesh and others; in pursuance of Charge Sheet No.54C/22(04) of 2023 dated 14.08.2023 arising out of Case Crime No. / First Information Report No. 19 of 2022, Under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, relating to Police Station Kandhai, District-Pratapgarh pending before Learned Chief Judicial Magistrate, Pratapgarh containing cognizance order dated 17.09.2024 (Contained as Annexure No. 1), in the interest of justice." After arguing the matter at some length, Sri Sandeep Srivastava, 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. Learned A.G.A has no objection to the prayer made by learned counsel for the applicant. 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. 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, if there is no any other legal impediment. 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 :- 7.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench