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2025 DAILYLAW 150796 (ALL)

MOHAN LAL KANAUJIA AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5767/2025 · 2025-07-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41594 Court No. - 13 Case :- APPLICATION U/S 482 No. - 5767 of 2025 Applicant :- Mohan Lal Kanaujia And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Babu Ram,Ram Prakash Verma,Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "Wherefore, it is most respectfully preyed that this Hon'ble court may kindly be pleased to guash the impugned summoning order dated 9.4.2024 issued by Chief judicial magistrate, Lucknow in case no.37283/2025, State vs. Mohanlal Kanojia and others arising out of case crime no.430/2023, under section 498-A, 504, and 506 I. P.C, P.S. - P.G.I., Distt.- Lucknow, as well as impugned charge sheet No. 01/2023, dated 13.7.2023, along with entire criminal proceedings of the aforesaid case pending before the chief judicial magistrate Lucknow as contained in Annexure no.1 and 2 to this petition in the interest of justice." After arguing 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 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 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine 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 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, 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 observation made 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, he would not take any coercive action against the applicants in the aforesaid case. It is made clear that in case the benefit, as above, is not availed by the applicants within the stipulated time, no application for extension of time would be entertained. With the aforesaid observations, the present application is disposed of. Order Date :- 21.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench