Taj Mohammad Alias Taj Mo. and Another Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Taj Mohammad Alias Taj Mo. and Another Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with: (i) liberty to apply for bail before the trial court, such prayer to be considered and decided expeditiously in accordance with law; (ii) liberty to move a discharge application before the court below, to be decided expeditiously in accordance with law; and (iii) an observation that the Police Officer concerned is expected not to take coercive action against the applicants for 30 days from the order date or till they apply for bail, whichever is earlier. The prayer to quash the charge sheet and summoning order was not adjudicated.

Issue for consideration

Whether the charge sheet dated 21.12.2021 and the summoning order dated 03.07.2022 in Case no. 2978/2022 (State vs Raheesh etc.), arising out of case crime no. 0277/2021 (sections 323, 504, 506, 308 I.P.C.), ought to be quashed and the criminal proceedings stayed.

Court's answer

The application is disposed of with liberty as prayed for: if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

Ratio / Principle

Liberty is granted to the applicants to move a discharge application before the court below, and the same shall be decided expeditiously in accordance with law.

Key takeaways

Taking note of the facts of the case and the observations in Satendra Kumar Antil (Supra), this Court observes that the Police Officer concerned is expected not to take any coercive action against the applicants for a period of 30 days from the date of this order or till the applicants apply for bail, whichever is earlier.obiter¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 12; Neutral Citation 2025:AHC-LKO:5495; Hon'ble Saurabh Lavania, J.; Order Date 28.1.2025). An APPLICATION U/S 482 No. 749 of 2025 by Taj Mohammad alias Taj Mo. and another, seeking quashing of the charge sheet dated 21.12.2021 and summoning order dated 03.07.2022 in Case no. 2978/2022 (State vs Raheesh etc.) arising out of case crime no. 0277/2021 under sections 323, 504, 506, 308 I.P.C., Police Station Ramnagar, District Barabanki, together with a stay of the criminal proceedings, was DISPOSED OF without adjudicating the quashing prayer. Following the approach indicated by counsel with reference to Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51, to which the learned AGA raised no objection, the applicants were granted liberty to apply for bail before the trial court (to be decided expeditiously in accordance with law) and to move a discharge application before the court below (likewise to be decided expeditiously); further, taking note of the observations in that Supreme Court decision, the Police Officer concerned was expected not to take any coercive action against the applicants for 30 days from the date of the order or till the applicants apply for bail, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:5495

Court No. - 12

Case :- APPLICATION U/S 482 No. - 749 of 2025

Applicant :- Taj Mohammad Alias Taj Mo. And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Atul Kumar Singh Gaur,Sushil Prakash Pandey Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

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

The present application has been filed by the applicants for the following main reliefs:-

"The petitioner named above most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet dated 21.12.2021, summoning order dated 03.07.2022, vide Case no. 2978 /2022 (State vs Raheesh etc) arising out in case crime no. 0277/2021, under section 323, 504, 506, 308 I.P.C., registered at Police Station- Ramnagar, District-Barabanki and stay entire criminal proceeding till the disposal of present petition ,in the interest of justice and in the end of justice."

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.

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

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 apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

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.

Taking note of the facts of the case and also the observations 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, they would not take any coercive action against the applicants in the aforesaid case.

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

Order Date :- 28.1.2025 Arun/-

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