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2025 DAILYLAW 140195 (ALL)

RAJENDRA PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

A482/4116/2025 · 2025-05-16

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28893 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4116 of 2025 Applicant :- Rajendra Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dinesh Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Vakalatnama filed by Shri Mohammad Nauman, learned counsel on behalf of respondent no. 3 is taken on record. 2. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 3. 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 summoning order dated 05.09.2023 passed by Additional Sessions Judge (POSCO Act), District Pratapgarh as well as non bailable warrant dated 17.10.2024 in Session Trial No. 1443/2024 arising out Case Crime No. 316 of 2022 U/s 147, 148, 149, 323, 504, 506, 354ka, 354kha, 427, 452 IPC and 3(1)(da) 3(1) (dha), 3(2)(v)ka SC/ST Act and 7/8 POSCO Act, at Police Station Mandhata, District - Pratapgarh "State Vs. Rajendra Pratap Singh & Others", it relates to the present applicant, which is contained as annexure no. 4 to this petition, in the interest of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay the criminal proceeding in Session Trial No. 1443/2024 arising out Case Crime No. 316 of 2022 U/s 147, 148, 149, 323, 504, 506, 354ka, 354kha, 427, 452 IPC and 3(1)(da) 3(1) (dha), 3(2)(v)ka SC/ST Act and 7/8 POSCO Act, at Police Station - Mandhata, District - Pratapgarh "State Vs. Rajendra Pratap Singh & Others", it relates to the present applicant, during the pendency of the instant petition." 4. After arguing at some length, learned counsel for the applicant 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 cases of Aman Preet Singh vs. Central Bureau of Investigation reported in (2022) 13 SCC 764, 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 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 5. Learned A.G.A has no objection to the prayer made by learned counsel for the applicant. 6. 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 applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. 7. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. 8. Taking note of the facts of the case and also the observations made in the case of Aman Preet Singh (Supra), Satender 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. 9. With the aforesaid observations, the present application, is disposed of. Order Date :- 16.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench