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2025 DAILYLAW 170244 (ALL)

RAHUL SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME AFFAIRS DEPTT. LKO AND ANOTHER

A482/11803/2024 · 2025-01-03

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Neutral Citation No. - 2025:AHC-LKO:426 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11803 of 2024 Applicant :- Rahul Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Affairs Deptt. Lko And Another Counsel for Applicant :- Brahmendra Pratap Singh,Puspanjali Panday,Rajan Yadav 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 as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the impugned Charge Sheet No. 1 dated 09.06.2023 arising out of Case Crime No. 0737/2022 of Police Station- Vibhuti Khand, District-Lucnow, under section 420, 406, 506 I.P.C. and further be pleased to quash the impugned Cognizance and Summoning order dated 12.12.2023 passed by Additional Chief Judicial Magistrate, Room No. 26, Lucknow passed in Case Crime No. 0737/2022 of Police Station- Vibhuti Khand, District- Lucnow, under section 420, 406, 506 I.P.C., "State of U.P. Vs. Rahul Singh", in the interest of justice. Certified copies of the impugned Charge Sheet No. 1 dated 09.06.2023 as well as impugned Cognizance and Summoning order dated 12.12.2023 passed by Additional Chief Judicial Magistrate, Room No. 26, Lucknow are being annexed herewith as ANNEXURE NO. 1 & 2 to this affidavit." 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 applicant applies 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 apply 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 :- 3.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench