Disposed

Lal Ji Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC27 Sept 2024/8729/2024

Case brief

AI extract

What is this about?

High Court disposed of an application under Section 482 CrPC seeking quashing of criminal proceedings. Court granted liberty to file bail application and directed the police to refrain from coercive action for 30 days.

What did the court decide?

Application disposed of with liberty to apply for bail and direction to police not to take coercive action for 30 days.

Lal Ji Yadav Vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:67265

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8729 of 2024

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Applicant :- Lal Ji Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arshad Jameel,Ashish Kumar Jain,Mohammad Naseem 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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Instant application has been preferred by the applicant(s)/petitioner(s) for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly by pleasedto quash theentire proceeding of Non Bailable Warrant order dated 01-82023 passed by Additional District judge court no 18, District- Lucknow in ST no. 1111/2018 Criminal Case no. 49077/2018, on basis of Charge sheet no. 01/2018 dated 13- 08-2018 arising out F.I.R no. 659/2018, U/s147/148/149/323/325/307/504/506 I.P.C, P.S. Thakurganj, District Lucknow, styled as State.......Vs......Masani Yadav and others, Pending Before Additional District Judge court no 18, District-Lucknow as Contained in ANNEXURE No. 1 and 2 to this application, during the pendency of this application."

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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 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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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.

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

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Order Date :- 27.9.2024 Vinay/-

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

Lal Ji Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Lal Ji Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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