SAURABH MISHRA AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/11616/2024 · 2025-04-15
Manish Kumar
body2025
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[ 2025 DAILYLAW 170005 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 170005 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21185 Court No. - 14 Case :- APPLICATION U/S 482 No. - 11616 of 2024 Applicant :- Saurabh Mishra And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Suresh Kumar Mishra,Prashansa Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:-
" to set aside / quash the entire proceedings of Sessions Case No.649/2020 (State of U.P. Versus Saurabh Mishra and others), arising out of impugned charge-sheet No. 01/2018, dated 28.12.2018 filed by the investigating officer in Case Crime No. 0648/2018, Under Section-452, 323 & 506 I.P.C. & section- 3(1) (Da), 3 (1) (Dha) of SC/ST Act pertaining to Police Station-Krishnanagar, District-Lucknow and summoning order dated passed by the court of learned Special Judge, SC/ST Act, Lucknow in Sessions Case No. 649/2020 (State of U.P. Versus Saurabh Mishra and others) Case Crime No. 0648/2018, Under Section-452, 323 & 506 I.P.C. & section-3(1) (Da), 3 (1) (Dha) of SC/ST Act pertaining to Police Station-Krishnanagar, District-Lucknow pending in the court of learned Special Judge, SC/ST Act, Lucknow by which the learned court below has summon the applicants/petitioners for facing of trial under the aforesaid sections, as contained in Annexure No. 1 & 2 respectively to this petition, in the interest of justice."
3. 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 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. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5.
Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS 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. 6. 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, if there is no other legal impediment. 7. Taking note of the facts of the case and also the observations 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 Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. 8. With the aforesaid observations, the present application, is
disposed of.
Order Date :- 15.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench