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2025 DAILYLAW 142417 (ALL)

NAND RAM v. THE STATE OF U.P. AND OTHERS

A482/218/2016 · 2025-01-28

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5534 Court No. - 12 Case :- APPLICATION U/S 482 No. - 218 of 2016 Applicant :- Nand Ram Opposite Party :- The State Of U.P. And Others Counsel for Applicant :- Shiv Ram Tewari,Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- Govt. Advocate,Ram Kumar Maurya Hon'ble Saurabh Lavania,J. In view of the facts stated in the affidavits filed in support of the applications (C.M Application Nos. IA/3/2024 and IA/4/2024), under consideration, the same are allowed. Delay in filing the application for recall of the order dated 26.07.2024 is hereby condoned. The order dated 26.07.2024, dismissing the instant application for want of prosecution, is hereby recalled. The instant application is restored to its original number. Heard Sri Rajeev Kumar Mishra Rudra, learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main relief(s):- "(i) to quash the Charge sheet of Case No.683 of 2013 under Section 3/7 Essential Commodities Act, Crime No.81/2012 Police Station Sirsia, District Shrawasti, pending in the court of learned opposite party no.2 (annexure no.4 of this petition). (ii) to quash the order dated 16-12-2015 passed by learned opposite party no.2 in case no.683/2013 State versus Nand Ram (annexure no.5 of this petition)." After arguing the matter 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 case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 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 applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. 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. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (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, they would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 28.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench