Neutral Citation No. - 2025:AHC-LKO:4319 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11146 of 2024 Applicant :- Vivek Pratap Singh @ Vivek Vikram Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dhirendra Singh,Shri Prakash Pandey,Vijay Prakash Singh Counsel for Opposite Party :- G.A.,Ashok Kumar Singh Tomar Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State as well as perused the material brought on record. 2. The present application under Section 482 Cr.P.C. now Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned summoning order dated-26.04.2021 passed by learned court of Upper Civil Judge (Junior Division), Court No-08, Sitapur in Case Crime No- 0383/2019, Case No-3418/2021, Under Section 498 A, 323, 354, 504 I.P.C. & Section- 3/4 D.P. Act, "State Versus Vivek Pratap Singh & Others, Police Station- Sandhana, District- Sitapur against the petitioner as contained in Annexure No-1 to this petition. It is further prayed that this Hon'ble Court may graciously be pleased to quash the charge-sheet No- 270/2020, dated-12.08.2020 filed in the pursuance of the First Information Report dated-07.12.2019 of Case Crime No-0383/2019, Under Section 498 A, 323, 354, 504 I.P.C. & Section-3/4 D.P. Act at Police Station- Sandhana, District- Sitapur so for as with respect to petitioner contained as Annexure No-2 in the interest of justice" 3. 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 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. 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 applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. 7. Taking note of the facts of the case and also the observation 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. Order Date :- 22.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench