Nikhil Kumar @ Ritesh Awasthi and Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:28671

Court No. - 14

Case :- APPLICATION U/S 482 No. - 8907 of 2023

Applicant :- Nikhil Kumar @ Ritesh Awasthi And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko. And Another

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Counsel for Applicant :- Rashmi Singh,Abhay Shankar Tiwari,Akhilesh Pratap Singh,Hari Bux Singh,Sushil Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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(IA/3/2025)

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This is an application for recalling the order dated 26.07.2024 passed by this Court and for restoring the application to its original number.

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The application is well within time.

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The cause shown in the affidavit filed alongwith the application is satisfactory.

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Learned A.G.A. has no objection in allowing the recall application.

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Accordingly, the recall application is allowed.

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The order dated 26.07.2024 is recalled. The application is restored to its original number.

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Interim order, if any, stands revived.

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(Order on Application u/s 482 Cr.P.C.)

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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 under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer :-

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"it is expedient and necessary in the interest of justice that this Hon'ble Court may graciously be pleased to quash the Charge Sheet dated 28/10/2022 vide charge sheet No.1, Under Section 34, 332, 353, 427, 504 and 506 I.P.C I.P.C., Police Station

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Dariyabad District-Barabanki submitted by the investigating officer against the petitioner in the court of Learned Additional Chief Judicial Magistrate, Court No. 25 Barabanki, in Case Crime No. 0278 of 2022, Under Section 34, 332, 353, 427, 504 and 506 I.P.C State Versus Nikhil @ Ritesh Awasthi and others and to stay the operation and implementation of the summoning order dated 13/03/2023 in pursuance of Charge Sheet bearing no. 1, dated 28/10/2022, by means of which petitioners have been summoned in Case Crime No. in Case Crime No. 0278 of 2022, Under Section 34, 332, 353, 427, 504 and 506 I.P.C State Versus Nikhil @ Ritesh Awasthi and others at Police Station Dariyabad, District Barabanki passed by the learned Additional Chief Judicial Magistrate 25, Barabankiduring the pendency of this petition."

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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 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

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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 :- 15.5.2025

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S. Kumar

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

Nikhil Kumar @ Ritesh Awasthi and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko. and Another

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Nikhil Kumar @ Ritesh Awasthi and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko. and Another

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