Disposed

Desh Raj Singh and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Allahabad HC1 May 2025A482/3632/2025

Case brief

AI extract

What is this about?

The High Court disposed of a quashing application under Section 482 CrPC/528 BNSS regarding matters involving Sections 409/420 IPC. It allowed liberty to the applicants to file a bail application before the trial court and directed an injunction against coercive police action for 30 days.

What did the court decide?

Liberty given to applicants to file bail application before trial court; direction to police to not take coercive action for 30 days.

Desh Raj Singh and 2 Others Vs State of U.P. Thru. Addl… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:25075

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 3632 of 2025

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Applicant :- Desh Raj Singh And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Chandra Shekhar Singh Yadav,Bhaiya Lal Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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

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

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" Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet no. 189 of 2000 dated 20.10.2000 in Criminal Case No. 188 of 2001, Crime No. 139 of 2000 under section 409/420 Indian Penal Code, Police Station Malihabad, District Lucknow filed in against the petitioner no.1 and charge sheet No. 189A of 2000 dated 13.11.2000 under section 409/420 I.P.C. filed against the petitioner no.2 and 3 as well as impugned summoning order dated 23.02.2001 passed by learned Special Chief Judicial Magistrate-C.B.I, Lucknow in Criminal Case No. 188 of 2001; State versus Desh Raj Singh and others, Crime No. 139 of 2000 under section 409/420 I.P.C., Police Station Malihabad, District Lucknow in respect of petitioners as contained in Annexure No. 1 and 2 respectively to this petition in the interest of justice.

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It is further prayed that this Hon'ble Court may kindly be pleased to quash the Non Bailable order dated 05 04.2025 passed in Criminal Case No. 188 of 2001, Crime No. 139 of 2000 under section 409/420 Indian Penal Code, Police Station Malihabad, District Lucknow, in the interest of justice"

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After arguing the matter 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 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 .

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Learned A.G.A 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 is disposed of with liberty as prayed for and with a direction to the court below that if the applicants applies for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with

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law.

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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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.

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Order Date :- 1.5.2025 DiVYa

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

Desh Raj Singh and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

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Desh Raj Singh and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

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