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2025 DAILYLAW 170834 (ALL)

KRISHNANDU BANERJEE v. STATE OF U.P. THRU. SECY. MINISTRY. HOME LKO.AND ANOTHER

A482/11965/2024 · 2025-01-03

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:365 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11965 of 2024 Applicant :- Krishnandu Banerjee Opposite Party :- State Of U.P. Thru. Secy. Ministry. Home Lko.And Another Counsel for Applicant :- Ramesh Chandra Pathak,Mohit Pathak,Rana Pratap 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:- "Wherefore, it is most respectfully prayed that this Hon'ble court may be pleased to :- (I ) To issue a order or directions for quashing the charge sheet bearing number 01 dated 22.2.2022 under section 308/323/504/506 I.P.C submitted in crime no.445 of 2021 of P.S. Hazratganj Lucknow as contained in annexure no 1 to this application. (ii) To issue a order or directions for quashing the summoning order dated 23.12.2022 as contained in annexure no.2 to this application. (iii) To issue a order or directions for staying the further proceedings of the criminal case number 127464 of 2022 under section 308/323/504/506 I.P.C. pending before the court of Chief Judicial Magistrate Lucknow." 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