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2025 DAILYLAW 169010 (ALL)

SHTRAOHAN AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/10553/2024 · 2025-01-20

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3197 Court No. - 12 Case :- APPLICATION U/S 482 No. - 10553 of 2024 Applicant :- Shtraohan And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Vivek Pandey,Jagriti Bardhan Rao Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Prakash Giri, Advocate holding brief of Sri Vivek Pandey, learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main reliefs:- "That by the means of the instant application instituted under section 482 Cr.PC the Petitioners humbly seek the indulgence of this Hon'ble Court to exercise its inherent power to quash the entire proceeding of the order dated 08.12.2023 in Case No. 3549/2024 "State Vs Ram Newaj Pandey and Others" passed by Chief Judicial Magistrate, Gonda in Case Crime No. 165/2023 Under Section 147, 148, 323, 504, 506, 324, 308 I.P.C., Police Station-Dhanepur, District- Gonda as well as the chargesheet No. 01/2023, dated 06.09.2023, in Case Crime No. 165/2023 Under Section 147, 148, 323, 504, 506, 324, 308 I.P.C., Police Station-Dhanepur, District- Gonda contained as Annexure No.1 and 2 to the companying Affidavit, in the interest of justice. It is further prayed that during the pendency of the present petition Under Section 482 Cr.P.C. this Hon'ble Court may kindly be pleased to stay the entire proceeding of the order dated 08.12.2023 in Case No. 3549/2024 "State Vs Ram Newaj Pandey and Others" passed by Chief Judicial Magistrate, Gonda in Case Crime No. 165/2023 Under Section 147, 148, 323, 504, 506, 324, 308 I.P.C., Police Station- Dhanepur, District- Gonda as well as the chargesheet No. 01/2023, dated 06.09.2023, in Case Crime No. 165/2023 Under Section 147, 148, 323, 504, 506, 324, 308 I.P.C., Police Station- Dhanepur, District- Gonda, 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 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 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. Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (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 applicants in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 20.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench