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2025 DAILYLAW 158114 (ALL)

DEEPAK THAKUR @ DEEPAK AND OTHERS v. STATE OF U.P. THRU. PRIN.SECY. HOME CIVIL SECTT. U.P. LKO AND ANOTHER

A482/8748/2023 · 2025-05-12

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27933 Court No. - 14 Case :- APPLICATION U/S 482 No. - 8748 of 2023 Applicant :- Deepak Thakur @ Deepak And Others Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Civil Sectt. U.P. Lko And Another Counsel for Applicant :- Durgendra Kumar Tiwari Counsel for Opposite Party :- G.A.,Anupam Bajpai,Shrikant Mishra,Virendra Nath Mishra Hon'ble Manish Kumar,J. 1. Heard Sri Durgendra Kumar Tiwari, learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer :- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned summoning order dated 22.12.2022 passed by Additional chief judicial magistrate-IV Lucknow in case no. 125710/2022 state Vs. Deepak Thakur and others, crime no. 71/2022 under section 498-A, 504, 506, I.P.C. and ¼ D.P. Act P.S. Indira Nagar District Lucknow, and impugned chargesheet no. 01/2022 dated 13.08.2022 alongwith entire criminal proceedings of the aforesaid case pending before the learned magistrate, as contained in Annexure No. 1 and 2 to this petition in the interest of justice." 3. After arguing at some length, learned counsel for the applicants 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 Satendra 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 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS 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. 6. 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, if there is no any other legal impediment. 7. Taking note of the facts of the case and also the observations 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, the police would not take any coercive action against the applicants in the aforesaid case. 8. With the aforesaid observations, the present application, is disposed of. Order Date :- 12.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench