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2025 DAILYLAW 139398 (ALL)

MAHEEP KUMAR @ SHANU KUMAR AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/3967/2025 · 2025-05-14

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28053 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3967 of 2025 Applicant :- Maheep Kumar @ Shanu Kumar And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been filed for the following main relief:- " That for facts, reasons and circumstances stated in accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash entire criminal proceeding titled as "State of U.P. V/S Shanu Kumar @ Maheep & others", arise from FIR No. 267/2019 dated 16-5-2019, U/S 419/420 IPC, P/S Hazratganj, District Lucknow alongwith with quashment of concern charge sheet and cognizance/summoning order dated 02.08.2022 passed by the CJM Lucknow, to secure the end of justice. After arguing at some length, learned counsel for the applicants 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 Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously. Learned AGA 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 applicants apply for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously, if there is no any other legal impediment. Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (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. With the aforesaid observations, the present application is disposed of. Order Date :- 14.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench