Neutral Citation No. - 2024:AHC-LKO:79240
Court No. - 12
Case :- APPLICATION U/S 482 No. - 10787 of 2024
Applicant :- Ramesh Kumar Pandey
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Ravindra Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
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:-
"(i) quash the impugned order dated 24/09/2024 passed by Learned ACJM I, Ayodhya in Case
Crime No. 526/2023, Under Section 279, 304A, 427 of I.P.C., (Now-281, 106, 324(4) BNS) Police
Station- Poorakalander, District- Ayodhya, by means of which proclamation under section 82 of
Cr.P.C. has been Issued against the petitioner on printed proforma without application of judicial
mind, contained as Annexure No. 1, to this petition.
ii. quash the entire criminal proceeding of Case Crime No.- 526/2023, Under Section 279, 304A,
427 of 1.P.C. (Now-281, 106, 324(4) BNS), Police Station- Poorakalander, District Ayodhya,
instituted by opposite party no. 2, contained as Annexure No. 2, to this petition.
iii. stay the further proceeding of Case Crime No. 526/2023, Under Section 279, 304A, 427 of
LP.C. (Now-281, 106, 324(4) BNS), Police Station- Poorakalander, District Ayodhya, pending
before Addl. Chief Judicial Magistrate I, Ayodhya and operation of the impugned order dated
24/09/2024, passed by Addl. Chief Judicial Magistrate- I, Ayodhya, contained as Annexure No. 1,
to this petition."
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 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 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 applicants apply for bail before the Court
concerned, his 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
and the same shall be 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 applies 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 :- 29.11.2024
Jyoti/-
Digitally signed by :-
JYOTI RAJWANI
High Court of Judicature at Allahabad,
Lucknow Bench