MAYA RAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECY. LKO. AND 3 OTHERS
A482/8348/2024 · 2025-03-27
Manish Kumar
body2025
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[ 2025 DAILYLAW 159717 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159717 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17718 Court No. - 14 Case :- APPLICATION U/S 482 No. - 8348 of 2024 Applicant :- Maya Ram And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secy. Lko. And 3 Others Counsel for Applicant :- Surendra Kumar,Suresh Chandra Srivastava,Vijay Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. (I.A. No. 6 of 2025) This is an application for disposal. Cause shown in the accompanying affidavit filed in support of the instant application is found to be satisfactory. Application is allowed. (Order on Application)
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 with the following prayer:-
"In the light of Usha Chakraborty and another Vs. State of West Bengal and another (2023 Law Suit (SC) 79), this Hon'ble Court may graciously be pleased to quash the impugned NBW
order dated 07.03.2024 (Annexure No. 1) issued by the Learned Court of Civil Judge (S.D.) First Judicial Magistrate, Sultanpur in Case No. 12793 of 2023 as well as Charge Sheet dated 13.04.2023 (Annexure No. 2) filed under section- 419, 420, 467, 468, 471, 506 I.P.C. against the applicant no. 1 Mayaram and under section- 506 I.P.C. against the applicant no. 2 Amita at Police station-Jaisinghpur, District Sultanpur and charge sheet dated 16.07.2023 (Annexure No. 2A) filed in Case Crime No. 16/2023. 2. Please to cancel set aside the order dated 30.07.2024 with B.W. passed by the Hon'ble Additional Civil Judge (S.D.) First/Additional Chief Judicial Magistrate, Sultanpur in criminal case no. 12793 of 2023 "State Vs. Mayaram & others", in the interest of justice. Contained in Annexure No.
48. 3. Please pass an interim order or direction that no coercive
action shall be taken against the applicants during the pendency of this application before this Hon'ble Court, in the interest of justice. 4. Please to pass an order or direction to the competent authority for initiating legal proceeding against the opposite parties in the appropriate sections of IPC/BNS and SC/ST Act."
3. After arguing 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 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 applicants. 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, if there is no any other legal impediment. 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. 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, he 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 :- 27.3.2025/Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench