RAVI AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/418/2025 · 2025-05-09
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139299 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139299 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27457 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 418 of 2025 Applicant :- Ravi And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ganga Prasad,Abhishek Shukla,Satish Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard 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 preferred with the following prayer:-
"Wherefore, it is most humble prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Criminal Case No. 23 of 2025 (State Versus Ravi & Others), arising out of Case Crime No. 196 of 2024, Under Section- 115 (2), 117 (2), 110, 351 (2) Β.Ν.S., Relating to Police Station-Gauriganj, District- Amethi, pending in the court of F.T.C/SD, Addl. Chief Judicial Magistrate, District- Sultanpur as well as impugned cognizance order dated 04.01.2025 as well as Charge Sheet dated-23.09.2024 in the interest of justice. It is further prayed that the further proceeding in pursuance to the impugned Cognizance order dated-04.01.2025 arising out of Case Crime No. 196 of 2024, Under Section- 115 (2), 117 (2), 110, 351 (2) B.N.S., Relating to Police Station- Gauriganj, District- Amethi, Criminal Case No. 23 of 2025 (State versus Ravi & Others), which is passed by the court of F.T.C./SD, Addl. Chief Judicial Magistrate, District Sultanpur may be stayed during the pendency of this application Under Section 482 Cr.P.C. Now 528 B.N.S.S. before this Hon'ble Court."
3. After arguing the matter at some length, Sri Ganga Prasad, 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 apply 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, if there is no any 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 :- 9.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench