Shailesh Trivedi v. State Of U.P. Thru. Prin. Secy. Home

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

The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:- " That for the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quashed/set aside the Impugned Charge sheet No. 01 of 2017 dated 11.12.2017 arising out of Case Crime No. 0096 of 2017 under section-420, 504, 506 of Indian Penal Code Police Station-Hazaratganj, District- Lucknow, which has been filed before the Learned Chief Judicial Magistrate, Lucknow and registered as Criminal Case No.21881/2019 (State Versus Kailash Nath Kharwar & others) to prevent abuse of process of Court or otherwise to secure ends of justice and set aside the entire criminal proceeding pending before Learned Chief Judicial Magistrate, Lucknow, as Criminal Case No.21881/2019 (State Versus Kailash Nath Kharwar & others) including summoning order dated 23.05.2019 and others, which is contained as Annexure No. 1&2 to this petition. "

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.

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

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 considered and decided expeditiously in accordance with law.

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.

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. Order Date :- 5.5.2025 DiVYa