Pradumn Pandey and 2 Others Vs State of U.P. Thru. Prin. Secy. Home , Lko. and Another — Allahabad HC (2024) — LawSathi Research

Pradumn Pandey and 2 Others Vs State of U.P. Thru. Prin. Secy. Home , Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicants to file a bail application and a discharge application before the trial court, each to be decided expeditiously in accordance with law; direction for expeditious consideration of the bail prayer; Police Officer concerned expected not to take coercive action against the applicants for 30 days or till they apply for bail, whichever is earlier.

Issue for consideration

Whether the Charge-Sheet No. 061/2022 dated 26.11.2022, the summoning order dated 01.12.2022, the N.B.W. order dated 30.08.2024 and the entire proceedings arising out of Case Crime No. 65/2022 (Sections 323, 308, 504, 506 IPC, P.S. Ram Janam Bhumi, District Ayodhya) should be quashed. +1 more

Court's answer

The application is disposed of with liberty to the applicants to file a bail application before the trial court, with a direction that if the applicants apply for bail, their prayer for bail shall be considered and decided expeditiously in accordance with law.

Ratio / Principle

Liberty is granted to the applicants to move a discharge application before the court below, and the same shall be decided expeditiously in accordance with law.

Key takeaways

Taking note of the facts of the case and the observation made in Satendra Kumar Antil (supra), the Police Officer concerned is expected not to take any coercive action against the applicants for a period of 30 days from the date of the order or till the applicants apply for bail, whichever is earlier.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Saurabh Lavania, J. — Application under Section 482 by Pradumn Pandey and 2 others seeking quashing of Charge-Sheet No. 061/2022 dated 26.11.2022 under Sections 323, 308, 504, 506 IPC (P.S. Ram Janam Bhumi, District Ayodhya), the summoning order dated 01.12.2022 and the N.B.W. order dated 30.08.2024 passed in Case No. 939/2022 ('Sate Vs Sitaram Pandey @ Bablu'), and of the entire proceedings arising out of Case Crime No. 65/2022, along with a stay of the said proceedings — Held: application disposed of with liberty to the applicants to file a bail application and a discharge application before the court below, both to be decided expeditiously in accordance with law; placing reliance on Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51, the Police Officer concerned is expected not to take any coercive action against the applicants for 30 days from the date of the order or till they apply for bail, whichever is earlier. Order dated 11.9.2024.

Neutral Citation No. - 2024:AHC-LKO:62645

Court No. - 13

Case :- APPLICATION U/S 482 No. - 8160 of 2024

Applicant :- Pradumn Pandey And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home , Lko. And Another Counsel for Applicant :- Shobh Nath Pandey Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

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

The present application has been filed seeking following main relief:-

"The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Charge-Sheet No. 061/2022, dated 26.11.2022, under sections - 323, 308, 504, 506 I.P.C., Police Station - Ram Janam Bhumi, District - Ayodhya as well as summoning order dated 01.12.2022, passed by Learned Civil Judge (J.D.) / F.T.C. Faizabad, and N.B.W. order dated 30.08.2024, passed by the Learned Additional Civil Judge (S.D.) IInd / A.C.J.M., Faizabad, in Case No. 939/2022, 'Sate Vs Sitaram Pandey @ Bablu', as well as entire proceedings arising out of Case Crime No. 65/2022, under section 323, 308, 504, 506 I.P.C., Police Station - Ram Janam Bhumi, District - Ayodhya, in the interest of justice.

It is further prayed that this Hon'ble Court may also kindly be pleased to stay the entire proceedings of the above noted Case No. 939/2022, 'Sate Vs Sitaram Pandey @ Bablu', pending before the Learned Additional Civil Judge (S.D.) IInd / A.C.J.M., Faizabad, in the interest of justice."

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 applicants.

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 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 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 :- 11.9.2024

Jyoti/-

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