Sanjay Kumar Maurya and Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

Sanjay Kumar Maurya and 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

Application disposed of with liberty to apply for bail and to move a discharge application before the trial court, both to be decided expeditiously in accordance with law; interim observation that no coercive action be taken against the applicants for 30 days or till they apply for bail, whichever is earlier.

Issue for consideration

Whether the entire criminal proceedings against the applicants, arising out of Case Crime No. 137/2022 and founded on the cognizance order dated 08/12/2022 and charge sheet dated 12/09/2022, ought to be quashed under Section 528 BNSS and Section 482 CrPC.

Court's answer

The application is disposed of with liberty as prayed for, with a direction to the court below 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 and the observations in Satendra Kumar Antil (supra), the Court expected the police officer concerned not to take any coercive action against the applicants for a period of 30 days or till they apply for bail, whichever is earlier.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.; Order Date 12.9.2024; Neutral Citation 2024:AHC-LKO:63212) disposed of an application under Section 482 CrPC and Section 528 BNSS by Sanjay Kumar Maurya and others seeking quashing of the entire proceedings in Case Crime No. 137/2022 (Sections 323/452/504/506 IPC, Police Station BBD, District Lucknow) founded on the cognizance order dated 08/12/2022 passed by ACJM-Court No. 25, Lucknow, and the charge sheet dated 12/09/2022, with trial pending before ACJM 3rd, Lucknow. The application was disposed of with liberty to the applicants to seek bail and to move a discharge application before the court below, both to be decided expeditiously in accordance with law. Relying on the Supreme Court's decision in Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51, the Court further observed that the police officer concerned would not take any coercive action against the applicants for a period of 30 days or till they apply for bail, whichever is earlier.

Neutral Citation No. - 2024:AHC-LKO:63212

Court No. - 13

Case :- APPLICATION U/S 482 No. - 8241 of 2024

Applicant :- Sanjay Kumar Maurya And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Krishna Gopal,Arun Kumar 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 for the following main relief:-

"The Petitioners 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 Petition, Under section 528BNSS, and 482 crpc for quashing of the entire proceeding on basis of cognizance order dated 08/12/2022 Passed By ACJM-COURT NO-25 Lucknow As Well As Trial By Learned Court ACJM 3RD Lucknow on the basis of Charge sheet no. 01/2022 filed U/s 323/452/504/506 I.P.C dated 12/09/2022, arising out Case Crime no. 137/2022 U/s 323/452/504/506 I.P.C Police Station- BBD, District Lucknow, dated 14/06/2022 Styled As (State ...Vs..... Sanjay Kumar Maurya & Others) Police Station- BBD, District Lucknow, A true Certify Copies of cognizance order dated 08/12/2022 and Charge sheet dated 12/09/2022 are being annexed as herewith as Annexure No.1 and 2. to this petition, so far it relates to the present Petitioners.

It is further prayed that this Hon'ble Court may kindly also be pleased to stay the further proceeding of the aforesaid case, pending before the Learned Court ACJM 3rd Lucknow in regard to present Petitioners."

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, their 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 :- 12.9.2024 Vinay/-

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