12 Case :- APPLICATION U/S 482 No. - 309 of 2025 & Anr. v. Raju Singh) including entire proceeding thereof so far it relates & Ors.
Case at a glance
Provisions considered
Judgment
Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:- "For the facts, reasons and circumstances stated in the accompanying Affidavit it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned charge sheet dated 6.4.2016 arising out of Case Crime No.499/2015, Under Sections: 379, 411 IPC and section 30/33 Indian Forest Act, 1927, Police Station- Inayatnagar, District - Faizabad as well as cognizance/summoning order dated 6.5.2016 as well as NBW dated 14.11.2024 passed/issued by learned Additional Chief Judicial Magistrate-Third; Faizabad in Case No. 1916/2024 (Old Case No. 1042/2016) (State Versus Raju Singh & Others) including entire proceeding thereof so far it relates to petitioner, as contained in Annexure No. 1,2&3 respectively to this petition.
It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings in respect of petitioner initiated in pursuance of the impugned charge sheet dated 6.4.2016 arising out of Case Crime No.499/2015, Under Sections: 379, 411 IPC and section 30/33 Indian Forest Act, 1927, Police Station-Inayatnagar, District - Faizabad as well as cognizance/summoning order dated 6.5.2016 as well as NBW dated 14.11.2024 passed/issued by learned Additional Chief Judicial Magistrate-Third, Faizabad in Case No. 1916/2024 (Old Case No. 1042/2016) (State Versus Raju Singh & Others) during pendency of the instant petition, in the interest of justice. " After arguing at some length, learned counsel for the applicants 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 Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51.
Learned AGA 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 apply for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. Taking note of the facts of the case and also the observation 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 applicant apply for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 16.1.2025 ML/- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860; Indian Forest Act, 1927 — ss. 30, 33.
Which court decided this case, and when?
Allahabad High Court, on 16 Jan 2025. The bench was SAURABH LAVANIA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.