Govind @ Avnish Kumar v. State of U.P. through its Principal Secretary Home U.P. Lucknow and another
A482/28509/2024 · 2025-05-20
Saurabh Srivastava
body2025
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[ 2025 DAILYLAW 90317 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90317 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:86189 Court No. - 74 Case :- APPLICATION U/S 482 No. - 28509 of 2024 Applicant :- Govind @ Avnish Kumar Opposite Party :- State Of U.P. Through Its Principal Secretary Home U.P. Lucknow And Another Counsel for Applicant :- Mohammad Sadab Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 19.03.2024 as well as summoning/cognizance order dated 21.05.2024 including the entire proceedings of Case No. 42744 of 2024 (State vs. Govind @ Avnish Kumar) arising out of Case Crime No.46 of 2023, under section 506 I.P.C. and section 67 of I.T., Police Station-Hanuman Vihar, District-Kanpur Nagar, pending in the Court of learned Additional Chief Judicial (S.D.), 4th, Kanpur Nagar as well as to stay the further proceedings of abovementioned case.
3. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and applies for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which
learned counsel for the respondents have no objection.
4. In view of the aforesaid, the instant application under section 482 Cr.P.C. is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein.
Order Date :- 21.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad