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2025 DAILYLAW 168783 (ALL)

DHARMENDRA KHURANA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND ANOTHER

A482/10378/2024 · 2025-04-04

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19119 Court No. - 14 Case :- APPLICATION U/S 482 No. - 10378 of 2024 Applicant :- Dharmendra Khurana And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Amar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application has been filed with a prayer to quash the impugned Charge Sheet dated 20.08.2022 bearing Charge Sheet No. 01 of 2022, impugned summoning order dated 22.12.2022 passed by Chief Judicial Magistrate, Lucknow, relating to F.I.R No./Case Crime No. 81/2022, Under Section-406 I.P.C Police Station- Hazratganj, District-Lucknow, as well entire proceeding of the Case No. 127450/2022(State Versus Dharmendra Khurana and Another) pending in Court of Chief Judicial Magistrate, Lucknow. 3. After arguing the matter 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 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, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously. 4. Learned A.G.A 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 applicants apply for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Liberty is also granted to the applicants to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, in case there is no other legal impediment. 7. 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 4.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench