Arun Srivastava and Others Vs State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and Another — Allahabad HC (2024) — LawSathi Research

Arun Srivastava and Others Vs State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of without deciding the quashing prayer on merits: liberty to the applicants to apply for bail before the trial court (to be decided expeditiously in accordance with law) and to move a discharge application, if not already moved (likewise to be decided expeditiously); the Police Officer concerned expected not to take coercive action against the applicants for 30 days from the order or till they apply for bail, whichever is earlier.

Issue for consideration

Whether the entire proceeding of Case No. 412/2020 (Ss. 147, 323, 504, 427 IPC), arising out of the chargesheet in Case Crime No. 111/2020, P.S. Bikapur, pending before the Civil Judge Senior Division III/ACJM, Faizabad/Ayodhya, should be quashed.

Court's answer

Application disposed of with liberty to the applicants to apply for bail before the trial court; the court below directed to consider and decide such bail prayer expeditiously in accordance with law.

Ratio / Principle

Liberty granted to the applicants to move a discharge application before the court below, if not already moved, to be decided expeditiously in accordance with law.

Key takeaways

Taking note of the facts and the observations in Satendra Kumar Antil (supra), the Police Officer concerned is expected not to take coercive action against the applicants for 30 days from the order or till they apply for bail, whichever is earlier.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench, Court No. 13), Saurabh Lavania, J. — Application under Section 482 by Arun Srivastava and others seeking quashing of the entire proceeding of Case No. 412/2020 (Ss. 147, 323, 504, 427 IPC), arising out of the chargesheet in Case Crime No. 111/2020, P.S. Bikapur, pending before the Civil Judge Senior Division III/ACJM, Faizabad/Ayodhya — after argument, counsel sought only liberty to file a bail application and a discharge application before the trial court, in view of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 — application disposed of with such liberty; court below directed to decide the bail prayer and any discharge application expeditiously in accordance with law; Police Officer concerned expected not to take coercive action against the applicants for 30 days from the order or till they apply for bail, whichever is earlier. Order dated 5.9.2024.

Neutral Citation No. - 2024:AHC-LKO:61274

Court No. - 13

Case :- APPLICATION U/S 482 No. - 4769 of 2023 Applicant :- Arun Srivastava And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And Another Counsel for Applicant :- Hari Om Pandey Counsel for Opposite Party :- G.A.,Shobh Nath Pandey

Hon'ble Saurabh Lavania,J.

Heard.

The present application has been filed by the applicants seeking following main relief:

"to allow this application and quash/set-aside the impugned quashing of the entire proceeding of the case no.412/2020, pending in the court of Civil Judge Senior Division III/ACJM Faizabad/Ayodhya, under section 147,323,504,427IPC arising out of the chargesheet of the Case Crime No.111/2020 filed by Investigating officer of the Police station Bikapur, which has been filed as Annexure No. 1 to the present application."

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 applicant.

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

Liberty is also granted to the applicants to move discharge application, if not already moved, 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, 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 :- 5.9.2024/Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench