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2025 DAILYLAW 169927 (ALL)

KIRAN MISHRA v. STATE OF U.P. THRU. ADDL. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS

A482/11498/2024 · 2025-01-02

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:109 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11498 of 2024 Applicant :- Kiran Mishra Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Applicant :- Ripu Daman Shahi,Jyoti Rajpoot,Sachida Nand Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard Shri R.D. Shahi, learned counsel for the applicant, Shri V.K. Singh, learned Government Advocate assisted by Shri Ajay Kumar Srivastava, learned A.G.A. for the State as well as perused the record. 2. In compliance of order dated 19.12.2024, Shri Mobin Ali, Sub -Inspector/Investigating Officer of the case, is present before this Court. 3. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:- "i. Quash the charge sheet, summoning order dated 04.07.2020 as well as the trial proceedings of the Criminal Case No.24323/2020, related to Case Crime No.482/2015, U/S - 419 & 420 I.P.C., Police Station - Wazirganj, District - Lucknow, State Versus Urmila Verma & others, pending before Learned A.C.J.M. Room No.30, Lucknow. ii. Direct the opposite party no.1 & 2 to conduct re-investigation/further investigation by writing the proper statement U/s-161 Cr.P.C. of the petitioner and accordingly further/re- investigation be done, in the interest of justice." 4. 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. 5. Learned Government Advocate has no objection to the prayer made by learned counsel for the applicant. 6. 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, her prayer for bail shall be considered and decided expeditiously in accordance with law. 7. 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. 8. 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 :- 2.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench