Gambhir Singh and 22 Others v. State of U.P. Thru. Addl. Chief Secy. Home, Lucknow and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11243 of 2023 Applicant :- Gambhir Singh And 22 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lucknow And Another Counsel for Applicant :- Suneel Kumar Singh Kalhans,Richa Srivastava,Shikha Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

¶2The present application has been filed for quashing the entire proceedings of the Case No.4290 of 2017 arising out of Case Crime No. 2354 of 2017 U/s 147, 148, 323, 504, 506, 332, 333, 353, 336, 341, 427, 307 I.P.C., Section 3/4 of Prevention of Damages to Public Property Act, Section 7 of Criminal Law Amendment Act, Police Station-Malhipur, District-Shravasti.

¶3On 16.11.2023 following order was passed:- "1. Heard learned counsel for the applicants as well as learned A.G.A. for the State.

¶2The present application has been filed for quashing the entire proceedings of the Case No.4290 of 2017 arising out of Case Crime No. 2354 of 2017 U/s 147, 148, 323, 504, 506, 332, 333, 353, 336, 341, 427, 307 I.P.C., Section 3/4 of Prevention of Damages to Public Property Act, Section 7 of Criminal Law Amendment Act, Police Station-Malhipur, District-Shravasti.

¶3Learned counsel for the applicants submits that F.I.R. of the case in question was politically motivated. He further submits that informant of the present case is a police officer and charge-sheet was filed by Investigating Officer in the most mechanical manner. He further submits that vide Government Order/Letter dated 26.07.2021, it was decided to withdraw the persecution case against the applicants. He further submits that vide letter dated 07.08.2021, District Magistrate, Shrawasti made a request to District Government Counsel (Crl.), Shrawasti for moving application U/s 321 Cr.P.C. in pursuance of Government Order dated

26.07.2021 but learned trial court is unable to decide the aforesaid application and issued non-bailable warrant.

¶4List this case on 21.11.2023 at 11:30 a.m.

¶5Principal Secretary, Department of law is directed to ensure the production of record of Letter No.11WC/ससात-न्यसाय-5-2021-272WC/2020 dated 26.07.2021 before this Court on the next date of listing.

¶6Office is directed to communicate this order to concerned authority, forthwith."

¶4The relevant record related to the aforesaid letter dated

26.07.2021 is placed by learned A.G.A. before this Court; the same is hereby handed over to him.

¶5At this stage, learned counsel for the applicants requests that the present application may be disposed of with the liberty to move appropriate bail/anticipatory bail application at the appropriate stage.

¶6Learned A.G.A. has no objection on the above request.

¶7In view of above, the present application U/s 482 Cr.P.C. is disposed of with the direction that in case, any bail/anticipatory bail application is moved by applicants before trial court within 30 days from today then the same shall be considered and decided in accordance with law laid down by Hon'ble Apex Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021).

¶8For a period of 30 days from today or till the applicants apply for bail/anticipatory bail, whichever is earlier, no coercive action be taken against the applicants in the aforesaid case.

¶9It is open to applicants to move bail application either U/s 438 or 439 Cr.P.C within 30 days from today. Order Date :- 30.11.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench