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2025 DAILYLAW 170123 (ALL)

DEVENDRA KUMAR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/12044/2024 · 2025-01-16

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2671 Court No. - 12 Case :- APPLICATION U/S 482 No. - 12044 of 2024 Applicant :- Devendra Kumar Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Sunil Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:- "For the facts, reasons and circumstances mentioned in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 18.05.2018 passed by Learned Court of Additional Chief Judicial Magistrate- Ist in Case No. 494 of 2018 State vs Devendra Kumar Singh as well as the Charge Sheet dated 25.01.2018 submitted by the concerned police in Case Crime No. 252 of 2014 under Sections 3/7 of the Essential Commodity Act registered at Police Station (earlier Faizabad), in the interest of justice. Cantt, District - Ayodhya. The Hon'ble Court may also be pleased to stay the entire criminal proceedings initiated/continuing in furtherance of Case Crime No. 252 of 2014 under Sections 3/7 of the Essential Commodity Act registered at Police Station - Cantt, District - Ayodhya (earlier Faizabad), in the interest of justice." 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. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 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, his prayer for bail shall be considered and decided expeditiously in accordance with law. 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. 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. With the aforesaid observations, the present application is disposed of. Order Date :- 16.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench