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2025 DAILYLAW 138429 (ALL)

SUNIL SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO AND 2 OTHERS

A482/3792/2025 · 2025-05-14

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28314 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3792 of 2025 Applicant :- Sunil Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko And 2 Others Counsel for Applicant :- Ajay Pratap Singh 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 main prayers:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned charge- sheet dated 5.8.2021 filed in case crime No. 0232/2021, under Section - 323/504 & 506 I.P.C. relating to Police Station- Sareni, District- Raibareli contained as Annexure No. 1 to this petition so far it relates to the petitioner. It is also prayed that the impugned summoning order dated 6.4.2024 passed by the learned (Additional Chief Judicial Magistrate-II) ACJM-II, Court No. 12, Raibareli, be quashed so far it relates to the petitioner. It is also prayed that the further proceedings of Criminal Misc. Case No. 7684/2024 State V/s Ankus Singh @ Anku and others pending before ACJM-II, (Additional Chief Judicial Magistrate-II) Court No. 12, Raibareli, arising out of crime No. 0232/2021, under Section 323/504 & 506 I.P.C. relating to Police Station- Sareni, District- Raibareli, be quashed for far it relates to the petitioner. It is also prayed that the further proceedings of Criminal Misc. Case No. 7684/2024 State V/s Ankus Singh @ Anku and others pending before ACJM-II, (Additional Chief Judicial Magistrate-II) Court No. 12, Raibareli, arising out of crime No. 0232/2021, under Section 323/504 & 506 I.P.C. relating to Police Station- Sareni, District- Raibareli, be stayed during the pendency of present petition so far it relates to the petitioner. It is also prayed that the impugned summoning order dated 6.4.2024 passed by the learned ACJM-II (Additional Chief Judicial Magistrate-II), Court No. 12, Raibareli, be stayed during the pendency of present petition so far it relates to the petitioner." 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 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 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 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 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. Order Date :- 14.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench