Disposed

Biharilal Sahu v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Allahabad HC31 Jan 2025/114/2025

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash a charge sheet under the Essential Commodities Act. Court disposed of it granting liberty to seek bail and file discharge application, with expeditious decision directed and no coercive action for 30 days.

What did the court decide?

Liberty to file bail and discharge applications; expeditious decision directed; no coercive action by police for 30 days or until bail application, whichever earlier.

Biharilal Sahu Vs State of U.P. Thru. Addl. Chief Secy… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:6895

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 114 of 2025

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Applicant :- Biharilal Sahu Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arti Shukla 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 by the applicants with the following prayer:-

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"(i) To quash the impugned charge sheet dated 24.11.2016 filed by the Investigating Officer of Police in Case Crime No. 167/2016, Under Sections-3/7 Essential Commodities Act, at Police StationDhammaur, District- Sultanpur and further be pleased to stay summoning order dated 05.06.2024 proceeding in Criminal Case No. 2398/2021 "State of U.P. v. Hanuman and Others" pending before Additional Chief Judicial Magistrate-1, Court No. 14, District Sultanpur."

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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 Satendra Kumar Antil Vs. Central Bureau of Investigation and another (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 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 U/s 482 Cr.P.C. read with Section 528 BNSS 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

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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) and Musheer Alam (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 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 :- 31.1.2025

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G. Singh/ Anand

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

Biharilal Sahu v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Case brief

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Biharilal Sahu v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

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