Disposed

Abhishek Gaur @ Roshan v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC29 Nov 2024/10638/2024

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the Court disposed of the petition to quash the summoning order and stay proceedings. It granted liberty to file a bail and discharge application in the trial court for expedited disposal and restrained police from coercive action for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications; direction to police to refrain from coercive action for 30 days.

Abhishek Gaur @ Roshan Vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:79264

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 10638 of 2024

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Applicant :- Abhishek Gaur @ Roshan Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Purnima Mayank Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

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The present application has been filed by the applicant with a prayer quash the summoning order dated 22.07.2022 alongwith charge sheet dated 10.08.2018 related to Criminal Case No. 66651 of 2022 (State vs. Abhishek Gaur) arising out of FIR No. 575 of 2018, under Section 506 IPC, P.S.- Gazipur, District- Lucknnow pending before the Special ACJM (Custom), Lucknow and further to stay the proceedings initiated in pursuance of said criminal case.

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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.

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Learned AGA has no objection to the prayer made by learned counsel for the applicant.

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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, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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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.

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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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case.

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With the aforesaid observations, the present application is disposed of.

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Order Date :- 29.11.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Gaur @ Roshan v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

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Abhishek Gaur @ Roshan v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

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