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2025 DAILYLAW 163471 (ALL)

RAMANAND @ RAMA NAND SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7805/2025 · 2025-09-15

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7805 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant for the following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned summoning order dated 29.07.2003 issued by Learned Chief Judicial Magistrate, Sitapur and Non-Billable Warrant dated 27.08.2025 issued by Learned Additional Civil Judge III, (Senior Division), District- Sitapur and entire proceeding of Case No. 505 of 2003, State Versus Khemkaran and others, Case No. 505 of 2003, Under Section 419, 420, 467, 468, 471, I.P.C., Police Station- Biswan, District- Sitapur, Pending in the Court of learned Additional Civil Judge III, (Senior Division), District- Sitapur as well as impugned charge sheet dated 31.10.2002 submitted by Investigation Officer, (contained as Annexure No. 1, 2 and 3 to this petition), in the interest of law and justice." 3. 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 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. Versus Counsel for Applicant(s) : O.P. Tiwari, Aman Pandey, Jainendra Singh Counsel for Opposite Party(s) : G.A. Ramanand @ Rama Nand Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 is disposed of with liberty, as prayed for, and with a direction to the court below that if the applicant 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 applicant apply 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. September 15, 2025 Vinay/- A482 No. 7805 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench