VIVEK PANDEY v. STATE OF U.P. THRU PRIN SECY HOME DEPTT LKO. AND ANOTHER
A482/6286/2022 · 2025-05-14
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152051 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152051 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28334 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6286 of 2022 Applicant :- Vivek Pandey Opposite Party :- State Of U.P. Thru Prin Secy Home Deptt Lko. And Another Counsel for Applicant :- Ankit Srivastava,Rajneesh Maurya Counsel for Opposite Party :- G.A.,Mukul Kumar Singh,Pradeep Kumar Shukla Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:-
" Wherefore, in view of the above it is most respectfully prayed that the Hon'ble Court may graciously be pleased to: I. Quash the charge sheet no. 01 dated 27.12.2019 submitted by the Investigating Officer under sections 498-A, 323, 504, 506 IPC and DP Act in Case Crime No. 16/2019 PS Mahila Thana, District Barabanki before the Court of ACJM- Court No. 23 Barabanki. II. Quash the Order dated 03.11.2020 passed by the Court of ACJM- Court No. 27 Barabanki in Cr.Case No. 1516/2020 by means of which the petitioners have been summoned under Sections 498-A, 323. 504 and 506 IPC and D.P. Act. III. Quash the Order dated 05.08.2022 passed by the Court of ACJM- Court No. 23 Barabanki in Cr.Case No. 1516/2020 by means of which the bailable warrants have been issued against the petitioners under Sections 498-A, 323. 504 and 506 IPC and D.P. Act. IV. Quash the Order dated 01.09.2022 passed by the Court of ACJM- Court No. 23 Barabanki in Cr.Case No. 1516/2020 by means of which the non bailable warrants have been issued against the petitioners under Sections 498-A, 323. 504 and 506 IPC and D.P. Act. V. Stay the operation and implementation of the Order dated 03.11.2020, 05.08.2022, 01.09.2022 passed by the Court of ACJM- Court No. 23 Barabanki in Cr.Case No. 1516/2020 VI. Quash the proceedings of the Cr.Case No. 1516/2020 pending before Court of ACJM- Court No. 23 Barabanki. VII. Stay the proceedings of the Cr.Case No. 1516/2020 pending before Court of ACJM- Court No. 23 Barabanki."
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 A.G.A 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, 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, in case there is no other legal impediment.
7. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satender 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 :- 14.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench