GYAN PRAKASH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/6998/2025 · 2025-08-26
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159607 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159607 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6998 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main relief(s):-
"(I) It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to quash the entire proceedings of the impugned Complaint Case No. 5883/18:Sanjeev Kumar Verma vs Gyan Prakash Singh, U/s 138 of the Negotiable Instrument Act, pertaining to Police Station- Chinhat, District- Lucknow, U/s 138 of the Negotiable Instrument Act, pertaining to Police Station- Chinhat, District- Lucknow, pending in the Court of Additional Court No.9, Lucknow, against the present Applicant which is an abuse of the process of the Court and law. (which is contained as Annexure No.1 to the Petition). (II) It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to quash the impugned summoning order dated 19/12/2019, issued by the Additional Court No.4, Lucknow as well as the order dated 11/09/2024 by which the learned court below has issued the Non Bailable Warrant against the present Applicant in Complaint Case No. 5883/18:Sanjeev Kumar Verma vs Gyan Prakash Singh, U/s 138 of the Negotiable Instrument Act, pertaining to Police Station- Chinhat, District-Lucknow, whereby the present Applicant has been summoned to face Trial of the said complainant case, without application of mind on the material on record as no case against the present Applicant is made Versus Counsel for Applicant(s) : Hemant Tripathi Counsel for Opposite Party(s) : G.A. Gyan Prakash Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
out. (which is filed as Annexure No. 2 & 6 to the present Petition)." 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 expeditiously in view of law laid down by the 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.
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 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 applicant applies for bail, whichever is earlier, they 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. August 26, 2025 Arun/- A482 No. 6998 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench