BHUWAN PRATAP CHANDRA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND ANR.
A482/4819/2023 · 2025-05-16
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139441 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139441 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:29132 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4819 of 2023 Applicant :- Bhuwan Pratap Chandra And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Anr. Counsel for Applicant :- Mahesh Chandra,Bhoomika Bajpai,Pawan Kumar Counsel for Opposite Party :- G.A.,Maya Ram Yadav 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:-
"To Quash the charge sheet dated 12-09-2014, charge sheet no- 85/2014, and summoning order dated 16-01-2015 in first information report no- 40/2014, case crime no. 9.591/2014, under section 498A, 323 IPC & 3/4 Dowry Prohibition Act, P.S. Vikas Nagar, District- Lucknow pending before Additional Chief Judicial Magistrate Court no-28, Lucknow, as contained in annexure no. 1 & 2 to this petition. Any such other order or direction which this Hon'ble Court deem fit and proper in the circumstances of the case may also be passed in the favour of the petitioners."
3. Learned counsel for the applicants has submitted that by
order dated 16.05.2023 the matter has been sent for mediation before the Mediation and Conciliation Centre, but the mediation has been failed, therefore, he 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 :- 16.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench