AVESH AHMAD v. STATE OF U.P. THRU.ITS PRIN. SECY. DEPTT. OF HOME AND 3 OTHERS
/11943/2024 · 2025-01-09
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[ 2025 DAILYLAW 170520 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170520 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1670 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11943 of 2024 Applicant :- Avesh Ahmad Opposite Party :- State Of U.P. Thru.Its Prin. Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Awaneesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned AGA for the State and Ms. Aprajita Bansal, learned counsel for the MVVNL. By means of this application, the applicant has prayed for the following main relief:-
"to set aside the summoning order and the charge-sheet, as also the proceedings of the Case No 1831/2024; arising out of Charge-sheet No.1/2024 in connection with Case Crime No. 194/2024 under Section 135 of Indian Electricity Act at P.S. Anti Power Theft, District Unnao; and also set aside all the proceedings pursuant thereto; in as much as it pertains to the applicants and may further be pleased to direct that the applicants shall not be compelled to stand trial." 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. There is 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, their 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. The applicant may also seek benefit of Section 152 of the Electricity
Act, 2003.
Taking note of the facts of the case and also the observations 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 9.1.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench