KARUNA SHANKAR v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
/6359/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156014 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156014 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45219 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6359 of 2025 Applicant :- Karuna Shankar Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Dharmendra Kumar Misra,Jyoti Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned AGA 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 humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set-aside/quash the entire proceedings of Crl. Case/S.S.T. No. 547 of 2025 (State of U.P. Versus Karuna Shankar) arising out of Complaint Case No. 281/2023, Under Section-18/27 of Drug & Cosmetics Act, 1940 pertaining to Police Station-Asiwan, District-Unnao and impugned summoning order dated 09.01.2023 passed by the court of learned Chief Judicial Magistrate, Unnao by which the applicant/petitioner has been summoned for facing of trial under the aforesaid section, as contained in Annexure No.1 to this petition, in the interest of justice." After arguing 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 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine. 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. 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/Court concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. It is made clear that in this regard no application shall be entertained. With the aforesaid observations, the present application is
disposed of.
Order Date :- 5.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench