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2025 DAILYLAW 171085 (ALL)

SHESH KUMAR SHUKLA @ DADDU SHUKLA AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER

A482/12022/2024 · 2025-01-20

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3258 Court No. - 12 Case :- APPLICATION U/S 482 No. - 12022 of 2024 Applicant :- Shesh Kumar Shukla @ Daddu Shukla And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Ripu Daman Shahi,Shyam Mohan Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Ripu Daman Shahi, learned counsel for the applicants and Sri, Ajay Kumar Srivastava, learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding of Charge sheet NO. 01of 2024 dated 17.12.2023 arising out of case crime number 0175 of 2023 under section- 147,323,504,506,148,324,325,452,120-B I.P.C. P.S. Naveen Modern Police Station, District- Shrawasti and As well as the impugned summoning order dated 26.02.2024 issued in criminal case No. 1922 of 2024 "State of U.P. vs Shesh Kumar Shukla @ Daddu Shukla And Others" arising out of case crime number 0175 of 2023 under section- 147,323,504,506,148,324,325,452,120-B I.P.C., which pending before Additional Chief Judicial Magistrate District Shrawasti as contained in Annexure no. 1 & 2 to this petition." 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 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, they 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 :- 20.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench