Disposed

Gautam Alias Gautam Nishad and 5 Others v. State of U.P Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC4 Sept 2024A482/7843/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking quashing of charge sheet and summoning order, the Allahabad High Court allotted liberty to the applicant to file bail and discharge applications. The court stayed coercive police action for 30 days pending the disposal of those replies.

What did the court decide?

Application disposed of with liberty to file bail and discharge applications expeditiously and a direction to police to refrain from coercive action for 30 days.

Gautam Alias Gautam Nishad and 5 Others vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60817

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7843 of 2024 Applicant :- Gautam Alias Gautam Nishad And 5 Others Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Mohsin Iqbal Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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The present application has been filed seeking following main relief:

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"to quash the charge sheet dated 4.7.2024 as well as the summoning order dated 22.7.2024 (which are contained as Annexure Nos. 3 and 4 respectively to the petition) and on the basis of charge sheet and summoning order the proceedings of the Case No.2574 of 2024, (arising out of Crime No.349 of 2023), under section 147, 323,504, 506 I.P.C I.P.C., at P.S. -Cantt., District-Ayodhya, State Vs... Satish Nishad and others, pending in the court of Addl. Chief Judicial Migistrate, Ist, Ayodhya/Faizabad, may also be quashed against the petitioners, in the interest of justice."

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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.

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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 applicants 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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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.

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Taking note of the facts of the case and also the observations 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.

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

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Order Date :- 4.9.2024 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Gautam Alias Gautam Nishad and 5 Others v. State of U.P Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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Gautam Alias Gautam Nishad and 5 Others v. State of U.P Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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