AKHILESH KUMAR MISHRA AND ANR. v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANR.
A482/11877/2024 · 2025-01-03
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[ 2025 DAILYLAW 170676 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170676 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:374 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11877 of 2024 Applicant :- Akhilesh Kumar Mishra And Anr. Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Anr. Counsel for Applicant :- Awadhesh Kumar Chaturvedi,Girish Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:-
"it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge Sheet No.- A- 85/2024 dated 02.5.2024 and cognizance/summoning order dated 11.10.2024 passed by Civil Judge (S.D. F.T.C./A.C.J.M.), Ambedkar Nagar on the Charge Sheet No.- A-85/2024 dated 02.5.2024 filed by investigating officer in Case Crime No.- 57/2024 under section 323, 452, 308, 504, 506 I.P.C. (115(2), 333, 110, 352, 351(2)/(3) B.N.S.), P.S.-Rajesultanpur, District- Ambedkar Nagar and Prevent the Abuse of Process of Law in
Order to Secure the End of Justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of Criminal Case No.- 24806/2024 C.N.R. No.- UPAN040377242024 'State Vs Deenanath Mishra and others' pending in the court of Civil Judge (S.D. F.T.C./A.C.J.M.), Ambedkar Nagar, during pendency of present petition, in the interest of Justice." 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 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 applicants. 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, their prayer for bail shall be considered and decided expeditiously in accordance with law. 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. 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 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 :- 3.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench