SATYA DEV SINGH @ LALLU SINGH and ORS. v. STATE OF U.P. and ANR.
A482/5211/2016 · 2025-03-11
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144804 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144804 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14972 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5211 of 2016 Applicant :- Satya Dev Singh @ Lallu Singh And Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Madan Gopal Srivastava,Prem Kumar Singh Counsel for Opposite Party :- Govt. Advocate,Hanumant Lal Srivastava Hon'ble Saurabh Lavania,J. (C.M.A. No. 10 of 2025 in re: Application for Condonation of Delay) Heard. Considering the averments made in the affidavit filed in support of application, under consideration, and the fact that the same has not been opposed, this Court is of the view that the application is liable to be allowed. Accordingly, the application is allowed. The delay in filing the application for recall of the order is condoned. (C.M.A. No. 11 of 2025 in re: Application for Recall of
Order) Heard. Considering the facts as indicated in the affidavit filed in support of the application for recall of order dated 21.08.2024 whereby the application U/s 482 Cr.P.C. was dismissed as having become infructuous, this Court finds that the application is liable to be allowed. Accordingly, the application is allowed. The order dated 21.08.2024 is hereby recalled. The application is restored to its original number. (Order on Main Application)
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.
2. The present application has been filed by the applicants for the following main reliefs:-
"to quash the cognizance/summoning order dated 3.5.2016 passed by learned .J.M. II ND Gonda in Case No. 255/2016, N.C.R No. 90/2011 U/S 323/504/506 I.P.C. Police Station- Umari Begam Ganj, District-Gonda and also quash the further proceeding pending in the court of J.M. II ND Gonda in Case No. 255/2016, Case Crime No. 90/2011 U/S 323/504/506 I.P.C. Police Station- Umari Begam Ganj, District- Gonda, against the petitioners, which is contained in Annexure No.3 to this petition."
3. 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.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicants.
5. 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.
6. Liberty is also granted to the applicant 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.
7. 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 :- 11.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench