MUNNA @ KHURSHEED AHMAD v. STATE OF U.P. THRU. ADDL. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A482/3785/2025 · 2025-05-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138230 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138230 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26694 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3785 of 2025 Applicant :- Munna @ Khursheed Ahmad Opposite Party :- State Of U.P. Thru. Addl. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- S Malik E Ashtar Rizvi,Kumar Lakshay,Mohd Zameer Abbas 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 prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding against the petitioner of criminal case no. 127561/2024 (State Vs. Mohd Furkan) arising out of case crime no. 157/2023, under section 354 1.P.C. at P/S- Naka Hindola, District- Lucknow, pending in the court of A.C.J.M. I, Court No.25, Lucknow as well as Charge sheet dated 28.07.2024 against the petitioner along with summoning order dated 21.12.2024, contained as Annexure No.1 & 2, to this petition in the interest of justice."
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 as 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 and 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 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 applicants in the aforesaid case. 8. With the aforesaid observations, the present application, is
disposed of.
Order Date :- 7.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench