Disposed

Ajay Kumar Jha v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC23 Apr 2025A482/3349/2025

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash a summoning order and charge-sheet in a cheating/forgery case was not pressed on merits; counsel sought liberty to apply for bail and move a discharge application. The High Court disposed of the petition with such liberty and directed no coercive action for 30 days or till bail application.

What did the court decide?

Liberty to file bail and discharge applications to be decided expeditiously; no coercive action by police for 30 days or till bail application filed.

Ajay Kumar Jha Vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:22899

¶2

Court No. - 14

¶3

Case :- APPLICATION U/S 482 No. - 3349 of 2025

¶4

Applicant :- Ajay Kumar Jha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sanjay Srivastava,Dharam Prakash Counsel for Opposite Party :- G.A.

¶5

Hon'ble Manish Kumar,J.

¶6

Vakalatnama filed by Shri Shikhar Deep Singh, Advocate on behalf of respondent no. 2 is taken on record.

¶7

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶8

The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:-

¶9

"(i) to quash the impugned summoning order dated 29.1.2025, passed by the Chief Judicial Magistrate, Balrampur, in Criminal Case No.57 of 2025, in Case Crime No.324 of 2022, under Section 409, 419, 420, 467, 468, 471/120-B I.P.C., P.S. Utraula, District Balrampur, and the charge-sheet dated 30.9.2024, filed by the Investigating Officer, in Case Crime No.324 of 2022, under Section 409, 419, 420, 467, 468, 471/120-B I.P.C., P.S. Utraula, District Balrampur, contained in Annexure Nos.3 and 4 to the petition

¶10

(ii) to direct the trial court concerned not to proceed further against the petitioner in Criminal Case No.57 of 2025, in Case Crime No.324 of 2022, under Section 409, 419, 420, 467, 468, 471/120-B I.P.C., P.S. Utraula, District Balrampur, which is proceeded before the learned Chief Judicial Magistrate, Balrampur."

¶11

After arguing the matter 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender 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 , and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously.

¶12

Learned A.G.A has no objection to the prayer made by learned counsel for the applicant.

¶13

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, prayer for bail shall be

¶14

considered and decided expeditiously in accordance with law.

¶15

Liberty is also granted to the applicant to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, in case there is no other legal impediment.

¶16

Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court 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, they would not take any coercive action against the applicant in the aforesaid case.

¶17

Order Date :- 23.4.2025 DiVYa

¶18

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

Ajay Kumar Jha v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Ajay Kumar Jha 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ram Tej Chauhan Vs State of U.P. Thru. Prin. Secy. Home Lko and 4 Others

Gurvinder Singh Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Brijesh Narayan Singh @ Sardar Singh and 2 Others Vs State of U.P. Thru. Secy. Home Deptt. Govt. Lko and Another

Ram Narayan @ Nanga Vs State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and Another

Ravi Thru. His Next Friend Father Namely Safi Mohammad Vs State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

Kuldeep Singh Chauhan Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and Another