Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 166388 (ALL)

MO. RAHIM KHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/8090/2025 · 2025-09-24

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8090 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:- "For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceedings of Criminal Complaint No. 1282 of 2022 pending before the court of Chief Judicial Magistrate, Balrampur initiated on the complaint dated 20.10.2022 filed by the O.P. No. 02, U/s 138 of the Negotiable Instrument Act, relating to P.S.- Kotwali Nagar, District- Balrampur. It is further prayed that the summoning order dated 24.10.2024 passed by the Learned Magistrate as well as subsequent orders issuing coercive process against the petitioner, in pursuant to the summoning order dated 24.10.2024 passed in Criminal Complaint No. 1282 of 2022, pending before the Chief Judicial Magistrate, Balrampur, initiated on the complaint dated 20.10.2022 filed by the O.P. No. 02, Under Section- 138 of the Negotiable Instrument Act, relating to Police Station- Kotwali Nagar, District Balrampur, against the petitioner, may also kindly be quashed as contained in Annexure No. 01 to this petition." 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 Versus Counsel for Applicant(s) : Awadhesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Mo. Rahim Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116. 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 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 24, 2025 Vinay/- A482 No. 8090 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench