Disposed

Raheesh @ Rahees Ahmad v. State of U.P. Thru. Prin. Secy. Home Deptt. and Another

Allahabad HC11 Apr 2025A482/3160/2025

Case brief

AI extract

What is this about?

Application under Section 482 CrPC sought quashing of criminal proceedings under the Wild Life Protection Act and Indian Forest Act. Counsel instead sought liberty to apply for bail. The High Court disposed of the application with liberty to seek bail and directed no coercive action for 30 days.

What did the court decide?

Liberty to file bail application; direction to decide bail expeditiously; no coercive action by police for 30 days or till bail application.

Raheesh @ Rahees Ahmad Vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:20852

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 3160 of 2025

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Applicant :- Raheesh @ Rahees Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Santosh Kumar Kanaujia Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard Shri Santosh Kumar Kanaujia, 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 under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicants with the following prayer:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash entire criminal proceedings of Criminal Case No. 1424 of 2014, State Versus Hazrat Ali and others as well as against summoning order dated 10.4.2014, passed by Chief Judicial Magistrate, District Lakhimpur Kheri, arising out of Range Case No. 17 of 20132014, under Section 9/51 of Wild Life Protection Act and Section 26 of Indian Forest Act, Range- South Nighasan, District Lakhimpur Kheri, pending before Additional Chief Judicial Magistrate, Court No.3, District Lakhimpur Kheri, so for relates to the petitioner. "

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After arguing at some length, learned counsel for the applicant s 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 .

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

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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

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if the applicant applies for bail before the Court concerned, their 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 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 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 :- 11.4.2025 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Raheesh @ Rahees Ahmad v. State of U.P. Thru. Prin. Secy. Home Deptt. and Another

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Raheesh @ Rahees Ahmad v. State of U.P. Thru. Prin. Secy. Home Deptt. and Another

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