Disposed

Raju v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC12 Jul 2024/5276/2024

Case brief

AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) disposed of an application under Section 482 Cr.P.C. granting liberty to the applicant to seek bail and discharge with a direction for speedy disposal. The Court ordered the police to refrain from coercive action for 30 days, citing Satender Kumar Antil.

What did the court decide?

Liberty granted to move for bail and discharge; police directed not to take coercive action for 30 days; speedy disposal directed.

Raju Vs State of U.P. Thru. Prin. Secy. Home… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:47336

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 5276 of 2024

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Applicant :- Raju Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Pankaj Kumar,Vinay Kumar 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 petition under Section 482 Cr.P.C has been filed by the applicant with the prayer to quash the entire criminal proceedings including summoning order dated 16.05.2023 in Case No. 283 of 2023 as also Charge Sheet No. 12/2023 dated 27.03.2023 in Case Crime/FIR No. 12/2023 under Section 498A,, 323, 504, 506, 354 IPC and Section 3/4 of D.P. Act, P.S.Mahila Thana, District-Ayodhya, pending before Civil Judge, (J.D.)/F.T.C. (C.A.W.), Ayodhya.

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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 vs. Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No. 5191 of 2021 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 U/s 482 Cr.P.C. is disposed of with liberty as prayed for and with a direction to the court below that if the applicant apply 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 observation

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

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With the aforesaid observations, the present application U/s 482 Cr.P.C., is disposed of.

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Order Date :- 12.7.2024 Vinay/-

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

Raju v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Raju v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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