MANOJ KUMAR AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME CIVIL SECTT. LKO AND ANOTHER
A482/8682/2023 · 2025-01-28
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[ 2025 DAILYLAW 157484 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157484 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5517 Court No. - 12 Case :- APPLICATION U/S 482 No. - 8682 of 2023 Applicant :- Manoj Kumar And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Maya Ram Yadav,Onkar Nath Tiwari Counsel for Opposite Party :- G.A.,Pranvesh Awasthi,Rohit Upadhyay Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main reliefs:-
"Therefore, in view of the above noted facts and circumstances, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Chargesheet dated 19.10.2021 as well as summoning orderdated 03.01.2022 in the proceedings arising out of Case Crime No 36/2021 under section 498-A, 323, & 504 IPC and section 3/4 of D.P Act, P.S.- Mahila Thana, District- Ambedkar Nagar pending in the coun of Civil Judge Junior division Fast Track First, Ambedkar Nagar in Session Trial No. 49/2022, state versus Sanjay Kumar Gupta & others in the ends of justice. It is further prayed that during pendency of the present petition before this Hon'ble Court, the entire proceedings of the Session Trial No.. 49/2022, state versus Sanjay Kumar Gupta & others arising out of Case Crime No. 36/2021 under section 498-A, 323, & 504 IPC and section 3/4 of D.P. Act, P.S.- Mahila Thana, District- Ambedkar Nagar pending in the court of Civil Judge Junior division Fast Track - First. Ambedkar Nagar and Chargesheet dated 19.10.2021 as well as summoning order dated 03.01.2022 may kindly be stayed as well directing the opposite parties not to take any cocerive action against the petitioners during pendency of the instant petition."
Learned counsel for the applicants stated that the in terms of earlier order of the Court, the matter was referred to the Mediation and Conciliation Centre of this Court but no settlement/agreement could be arrived at between the parties. He further submitted that taking note of the aforesaid, 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 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. Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (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. With the aforesaid observations, the present application is disposed of.
Order Date :- 28.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench