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2025 DAILYLAW 157815 (ALL)

HARI RAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6642/2025 · 2025-08-14

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47616 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6642 of 2025 Applicant :- Hari Ram And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- D.P. Dutt Tiwari,Durga Prasad Dubey,Sanjay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicants for the following main reliefs:- "That for the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 28.02.2025 passed by Learned Additional Chief Judicial Magistrate-III, Lucknow, in Criminal Complaint Case No. 31472 of 2024 "Virendra Singh Vs. Hari Ram and another" whereby protest application filed by opposite party no.2 assailing Police Report No.1 of 2022 dated 12.07.2022 in pursuance of F.I.R./Case Crime No.0447 of 2022 under section 323, 504, 506, 392 of Indian Penal Code, Police Station-Chinhat, District-Lucknow has been allowed and petitioners has been summoned to face trial for offence under section 379, 504, 506 of Indian Penal Code; and further it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash entire criminal proceeding of Criminal Complaint Case No. 31472 of 2024 "Virendra Singh Vs. Hari Ram and another" and all other consequential proceedings arising therefrom as continuation of the same would tantamount to gross abuse of the process of law resulting in a grave miscarriage of Justice. (Annexed as Annexure No.1 & 2 to the petition)" 3. After arguing the matter, 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 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. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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 applicants apply for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law. 6. 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. It is made clear that in this regard, no application shall be entertained. Order Date :- 14.8.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench