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2025 DAILYLAW 139064 (ALL)

KULDEEP KUMAR SHARMA AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/410/2025 · 2025-05-09

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27308 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 410 of 2025 Applicant :- Kuldeep Kumar Sharma And 4 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Parth Anand,Ankit Tiwari,Nadeem Murtaza 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 applicant with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Case Crime No. 0246 of 2024 under sections 420, 506 and 120-B of the Indian Penal Code, 1860 pending in the court of Learned Additional Chief Judicial Magistrate II, Room No. 26, Lucknow. It is further prayed that this Hon'ble Court may graciously be pleased to quash the order dated 27.03.2025 passed by the Additional Chief Judicial Magistrate II, Room No. 26, Lucknow in Case Crime No. 0246 of 2024 whereby the petitioners have been summoned as an accused under sections 420, 506 and 120-B of the Indian Penal Code, annexed as Annexure No. 1 to this petition. It is further prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 15.11.2024 submitted by the investigating officer whereby the petitioners have been accused under sections 420, 506 and 120-B of the India Penal Code, 1860, annexed as Annexure No.2 to this petition." 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 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 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 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. 8. With the aforesaid observations, the present application, is disposed of. Order Date :- 9.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench