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2025 DAILYLAW 164428 (ALL)

RAM LAKHAN AND ANOTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. (HOME DEPTT) LKO. AND ANOTHER

/7741/2025 · 2025-09-12

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7741 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "Wherefore, it is most humble prayed that this Hon'ble Court may kindly be pleased to quash for quashing the entire proceeding of Complaint Case No. 537 of 2022 (Ganesh Prasad Shukla Versus Ram Lakhan Yadav & Other), Under Section-504,506 I.P.C. Relating to Police Station- Gangs Ghat, District-Unnao, pending in the court of Addl. Civil Judge (Junior Division)/ Judicial Magistrate, Court No. 4, District- Unnao, as well as impugned summoning order dated-09.02.2023 which is passed by court of Addl. Civil Judge (Junior Division)/ Judicial Magistrate, Court No.4 District- Unnao in the interest of justice." 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 Satender Kumar Antil versus 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. Versus Counsel for Applicant(s) : Laxmi Narayan Gupta Counsel for Opposite Party(s) : G.A. Ram Lakhan And Anothers .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. (Home Deptt) Lko. And Another .....Opposite Party(s) Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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 applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. Taking note of the facts of the case and also the observation 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/Court concerned that for a period of 30 days from today or till the applicants applies for bail, whichever is earlier, he would not take any coercive action against the applicants 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. September 12, 2025 ML/- A482 No. 7741 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench