MOHD. SAAD v. THE STATE OF U.P. THRU. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/7085/2025 · 2025-08-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160156 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160156 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7085 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):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 04.09.2024 passed in Complaint Case No. 3059 of 2023 (Rajat soni versus Mohd. Saad and another), under section 138 of the N.I. Act, police station Fatehpur, District Barabanki by the Additional Civil Judge (Senior Division)/ Additional Chief Judicial Magistrate, room no. 48, Barabanki and also quashed the entire proceeding of Complaint Case No. 3059 of 2023 (Computerized Case No. UPBB040292622023) (Rajat soni versus Mohd. Saad and another) pending Additional Chief Judicial Magistrate, room no. 48, Barabanki relates to the petitioner contained as Annexure No. 1 & 2 to this application in the interest of justice." At the very outset, 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. Versus Counsel for Applicant(s) : Arvind .Ku.Mishra, Kirti Rawat, Vikas Pandey Counsel for Opposite Party(s) : G.A. Mohd. Saad .....Applicant(s) The State Of U.P. Thru. Chief Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
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. Liberty is also granted to the applicant to move discharge application before the court below, if the charges have already not been framed, which shall be 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 28, 2025 Arun/- A482 No. 7085 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench