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2025 DAILYLAW 169150 (ALL)

SHOBHIT SINGH v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/10737/2024 · 2025-01-30

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6513 Court No. - 12 Case :- APPLICATION U/S 482 No. - 10737 of 2024 Applicant :- Shobhit Singh Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Shri Satendra Nath Rai, Advocate has filed his vakalatnama on behalf of opposite party No.2, which is taken on record. 2. In pursuance to earlier order of this Court dated 16.01.2025, applicant and opposite party No.2 are personally present before this Court and have been duly identified by the respective counsel. 3. Heard learned counsel for the applicant, Shri Satendra Nath Rai, learned counsel appearing for opposite party No.2 and learned AGA for the State as well as perused the record. 4. The present application has been filed by the applicant with the following prayer:- "To quash the Summoning order dated 17.02.2023 passed by Chief Judicial Magistrate Lakhimpur Kheri and charge sheet no. 940/2022 dated 28.10.2022 in Case No.2461/2023, Crime No. 1231/2022, Under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kotwali Sadar, District Kheri and entire proceeding of Case No. 2461/2023, Crime No. 1231/2022, Under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Kotwali Sadar, District Kheri." 5. It is stated by learned Counsel for the applicant that the dispute which is matrimonial dispute could be settled and decided amicably by way of mediation, but opposite party No.2 does not want to refer the dispute to the Mediation and Conciliation Centre of this Court, therefore, this Court is hearing this matter on merits. 6. After arguing 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 decided in view of law laid down by Hon'ble Supreme Court in the case of Satendra 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 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 7. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 8. 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 applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. 9. 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. 10. 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 Officers concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, they would not taken any coercive action against the applicant in the aforesaid case. 11. With the aforesaid observations, the present application is disposed of. Order Date :- 30.1.2025 G. Singh/ Anand Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench