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2025 DAILYLAW 145941 (ALL)

DR. ANIL KUMAR VERMA v. STATE OF U.P. THRU. CIRCLE FOREST OFFICER

A482/7692/2016 · 2025-02-14

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9880 Court No. - 12 Case :- APPLICATION U/S 482 No. - 7692 of 2016 Applicant :- Dr. Anil Kumar Verma Opposite Party :- State Of U.P. Thru. Circle Forest Officer Counsel for Applicant :- Shaquiel Ahmad,Shaquiel Ahmad Counsel for Opposite Party :- Govt. Advocate Hon'ble Saurabh Lavania,J. (I. A. No. 2 of 2024, Application for Recall of Order) 1. This is an application for recall of the order dated 10.05.2024. 2. Heard. 3. The reasons indicated in the affidavit filed in support of the application are sufficient and there is no opposite to the same. 4. On due consideration of aforesaid, the application is allowed and the order dated 10.05.2024 is hereby recalled. 5. The application is restored to its original number. (Order on Main Application) 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant for the following main reliefs:- "to quash the impugned summoning order dated dated 22/10/2016 passed by the learned chief judicial magistrate, Lakhimpur-Kheri by which the Learned Chief Judicial Magistrate, Kheri had taken cognizance and petitioner has been summoned in complaint case No. 8151 of 2016 U/S 27, 51, 51 (1) wild life protection act and 24, 41, 42, Indian forest act and also against the order dated 25/11/2016 by which bailable warrant has been issued against the petitioner,as contained in Annexure No. 1." 3. 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 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 applicant. 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 applicant applies for bail before the court concerned, their 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 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 14.2.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench