Disposed

Sanjay Kumar Maurya and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC12 Sept 2024A482/8241/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 CrPC and Section 528 BNSS, granting liberty to file bail and discharge applications. The court directed the trial court to decide these swiftly and restrained police from taking coercive action for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications; direction for speedy disposal; restraint on coercive action for 30 days.

Sanjay Kumar Maurya and Others vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

¶1

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

¶2

Court No. - 13

¶3

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

¶4

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.

¶5

Hon'ble Saurabh Lavania,J.

¶6

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

¶7

The present application has been filed for the following main relief:-

¶8

"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.

¶9

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."

¶10

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.

¶11

Learned AGA has no objection to the prayer made by learned counsel for the applicants.

¶12

Keeping in view the aforesaid, the present application is

¶13

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.

¶14

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.

¶15

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.

¶16

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

¶17

Order Date :- 12.9.2024 Vinay/-

¶18

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

Sanjay Kumar Maurya and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Maurya and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Shatrughna Pandey and Others Vs the State of U.P. Thru. Addl. Chief Secy. Home, Lko. and Another

Pradumn Pandey and 2 Others Vs State of U.P. Thru. Prin. Secy. Home , Lko. and Another

Mohd. Sameer Vs State of U.P. Thru. Prin. Secy. (Home) Civil Secy. Lko.

Sheikh Mohammad Shariq vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Om Prakash and Others vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and Another

Kashi @ Kashi Prasad and Another vs State of U.P. Thru. Secy. Ministry of Home Affairs Lko and Another