MANISH KUMAR PATHAK AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. U.P. HOME DEPTT. LKO. AND ANOTHER
A482/4410/2025 · 2025-05-30
Manish Kumar
body2025
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[ 2025 DAILYLAW 141166 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141166 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:33402 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4410 of 2025 Applicant :- Manish Kumar Pathak And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Home Deptt. Lko. And Another Counsel for Applicant :- Awadhesh Kumar Mishra,Shweta 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:-
"(i) Quash the impugned Summoning Order dated 05.10.2024 passed in Criminal Case No.32125/2024 (State Vs Dinesh Pratap Pathak and Others), by Court of Chief Judicial Magistrate District- Gonda as well as charge sheet No.1/2024 dated 09.06.2024, in Case Crime No 76/2024 U/S-504, 323, 427, 506 I.P.C. P.S. Khodare District Gonda contained herewith
as
Annexure
No.1&2
to
this
petition. (ii) It is further prayed that this Hon'ble Court may kindly be pleased to stay the implementation of impugned Summoning Order dated 05.10.2024 passed in Criminal Case No.32125/2024 (State Vs Dinesh Pratap Pathak and Others), by Court of Chief Judicial Magistrate District- Gonda, in Case Crime No 76/2024 U/S-504, 323, 427, 506 I.P.C. P.S. Khodare District Gonda during the pendency of aforesaid petition in the interest of justice." After arguing the matter at some length, 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