Durga Prasad Verma @ Durga Prasad Vs State of U.P. Secy. Home Deptt. Lko and Another — Allahabad HC (2024) — LawSathi Research

Durga Prasad Verma @ Durga Prasad Vs State of U.P. Secy. Home Deptt. Lko and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicant to file a bail application before the trial court and to move a discharge application before the court below, both to be decided expeditiously in accordance with law; the Police Officer concerned expected not to take coercive action against the applicant for 30 days or till the applicant applies for bail, whichever is earlier.

Issue for consideration

Whether the summoning order dated 01.01.2109 passed by the Chief Judicial Magistrate, Court No.11, Barabanki, in case crime no-0008 of 2018 under section 308 I.P.C (P.S.-Satrikha, District-Barabanki) and the entire criminal proceedings therein deserve to be quashed. +1 more

Court's answer

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

Ratio / Principle

The present application is disposed of with liberty as prayed for, 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.

Key takeaways

Liberty is granted to the applicant to move a discharge application before the court below, and the same shall be decided expeditiously in accordance with law.ratio¶13
Taking note of the facts and the observation in Satendra Kumar Antil (supra), the Court observed that the Police Officer concerned is expected not to take any coercive action against the applicant for a period of 30 days from the date of the order or till the applicant applies for bail, whichever is earlier.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J.) disposed of an application under Section 482 seeking quashing of the summoning order dated 01.01.2109 passed by the Chief Judicial Magistrate, Court No.11, Barabanki, in case crime no-0008 of 2018 under section 308 I.P.C, P.S.-Satrikha, District-Barabanki, and of the entire criminal proceedings thereof. The applicant was granted liberty to seek bail before the trial court and to move a discharge application before the court below, both to be decided expeditiously in accordance with law. Taking note of Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51, the Court observed that the Police Officer concerned is expected not to take any coercive action against the applicant for 30 days or till he applies for bail, whichever is earlier.

Neutral Citation No. - 2024:AHC-LKO:61829

Court No. - 13

Case :- APPLICATION U/S 482 No. - 8017 of 2024

Applicant :- Durga Prasad Verma @ Durga Prasad Opposite Party :- State Of U.P. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Mohd. Shadab Siddiqui,Shivani Maurya Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

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

Instant application has been filed for the following main relief:-

"Wherefore it is most respectfully prayed that this Hon'ble court kindly may be pleased to quash the summoning order dated 01.01.2109 passed by the Learned Chief Judicial Magistrate Court No.11, Barabanki, bearing crime no-0008 of 2018, under section 308 I.P.C, P.S. -Satrikha, District -Barabanki. (Annexure no-1).

It is further prayed that this Hon'ble court kindly be pleased to quash the entire criminal proceedings of case crime 0008 of 2018, under section 308 I.P.C, P.S. -Satrikha, District - Barabanki."

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.

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

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

Order Date :- 9.9.2024 Vinay/-

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