Disposed

Mithlesh Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. Thru. S.H.O., Lko. and Another

Allahabad HC2 Sept 2024/7740/2024

Case brief

AI extract

What is this about?

This court disposed of an application for quashing criminal proceedings and summoning orders. The court granted liberty to file for bail and discharge, directing speedier consideration. It also directed the police to refrain from coercive action for 30 days.

What did the court decide?

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

Mithlesh Yadav Vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:59945

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7740 of 2024

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Applicant :- Mithlesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Thru. S.H.O., Lko. And Another Counsel for Applicant :- Eshan Garg,Prachi Arya 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 for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of crime no. 160 2021 , State vs. Pramode Kumar verma, Under Section 406,420 of IPC. at police station - Ramkot District - Sitapur.

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This Hon'ble Court may further be pleased quash the summoning order dated 27/06/2022 passed by ACJ(S.D.) I District Sitapur in case crime no. 160/2021, State vs. Pramode Kumar verma, Under Section 406,420 of IPC. at police station Ramkot District - Sitapur as contained Annexure no 1 in the interest of justice.

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It is further prayed that this Hon'ble Court may kindly be pleased to quash the Charge sheet bearing charge-sheet filed by Investigation officer of case crime no. 160/2021, State vs. Pramode Kumar verma Under Section 406,420 of IPC. at police station - Ramkot District - Sitapur., filed in the court of CJSDFTC 1, District Sitapur as contained Annexure no 2 in the interest of justice."

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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

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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 observation 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, 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 is disposed of.

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Order Date :- 2.9.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Mithlesh Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. Thru. S.H.O., Lko. and Another

Case brief

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Mithlesh Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. Thru. S.H.O., Lko. and Another

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