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Neutral Citation No. - 2025:AHC-LKO:21721 Court No. - 16 Case :- APPLICATION U/S 482 No. - 3964 of 2014 Applicant :- Kuldeep And Anr. Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Manish Singh Chauhan Counsel for Opposite Party :- Govt. Advocate,Vivek Manishi Shukla Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicants and learned A.G.A. This application under Section 482 Cr.P.C. has been filed to quash Charge-sheet No. 22/2013, Case Crime No. 159A/2013, under Sections 323, 504, 506A IPC & 3(1)(X) SC/ST Act, P.S. Biswan, District Sitapur as well as summoning order dated 29.8.2014 issued by the Additional Chief Judicial Magistrate - I, Sitapur, District Sitapur in Criminal Misc. Case No. 494/2014. The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of their contention. Per contra learned A.G.A. submitted that from the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. The submissions made by the counsel for the applicants relate to disputed question of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen. The disputed defence of the accused cannot be considered at this stage. 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 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. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 and Musheer Alam Vs. State of Uttar Pradesh & Anr.
2025 SCC OnLine SC 116, 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. Order Date :- 17.4.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench