Disposed

Anuj Alias Anuj Yadav v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Allahabad HC11 Sept 2024A482/8154/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench, disposed of an application under Section 482 CrPC. The court granted liberty to file bail and discharge applications and directed the trial court to decide them expeditiously. It also directed the police to avoid coercive action for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications; direction to trial court for expeditious decision; 30-day moratorium on coercive police action.

Anuj Alias Anuj Yadav vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62631

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Court No. - 13 Case :- APPLICATION U/S 482 No. - 8154 of 2024 Applicant :- Anuj Alias Anuj Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :- Uma Kant,Shashank Pandey,Shrayansh Verma 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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The present application has been filed for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash entire proceeding of Case No. 155 of 2010 (State Vs. Anuj Yadav & others) arising out of Case Crime No. 913 of 2009 U/S 401 IPC Police StationChinhat, District-Lucknow pending before Additional Chief Judicial Magistrate IIIrd Lucknow and Charge Sheet no. 503 of 2009 dated 08/12/2009 under section 401 I.P.C. submitted by the investigating officer in the aforesaid case crime number and summoning order dated 13.01.2010 passed by Additional Chief Judicial Magistrate Court No. 25, Lucknow as well as Non- Bailable warrant dated-14/04/2017."

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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 applies 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 applicant 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 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 applies 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 :- 11.9.2024/Jyoti/-

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

Anuj Alias Anuj Yadav v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

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Anuj Alias Anuj Yadav v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

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