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2025 DAILYLAW 139611 (ALL)

SURENDRA MOHAN SINGH AND 4 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/4414/2025 · 2025-05-30

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33404 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4414 of 2025 Applicant :- Surendra Mohan Singh And 4 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicants and Sri Rao Narendra Singh, learned AGA appearing for the State. Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the impugned chargesheet dated 19/11/2021 and impugned summoning/cognizance order dated 05/04/2022 along with other consequential proceedings in Criminal Case No. 9090/2024, "State. Vs. Surendra Mohan Singh & Ors.", arising out of FIR No. 209/2021, under Sections 147, 452, 323, 504, 506, 427, 447, 419, 420, 406, 467, 468, 471 IPC, P.S. Bazarshukul, District Amethi, currently pending before Learned Additional Chief Judicial Magistrate, Court No. 20, Sultanpur, and as contained in Annexure-1 and 2 to this Petition. To stay the further proceeding in Criminal Case No. 9090/2024, "State. Vs. Surendra Mohan Singh & Ors.", arising out of FIR No. 209/2021, under Sections 147, 452, 323, 504, 506, 427, 447, 419, 420, 406, 467, 468, 471 IPC, P.S. Bazarshukul, District Amethi, currently pending before learned Additional Chief Judicial Magistrate, Court no. 20, Sultanpur, during the pendency of this Petition before this Hon'ble Court in the interest of justice." After arguing the matter at some length, Sri Sukh Deo Singh, 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. Learned A.G.A has no objection to the prayer made by learned counsel for the applicants. 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. 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. 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 :- 30.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench