Lavlesh Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12438 of 2023 Applicant :- Lavlesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Shyam Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner/ applicant and learned AGA for the State as well as perused the record. The present petition has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the summoning order dated 11.10.2023 and Charge Sheet No. 56/2023, dated

07.02.2023, arising out of the Case Crime No. 0115 / 2022 under section 3/7 Essential Commodities Act, 1955, Police Station-Ishanagar, District-Kheri, in Case No.8152/2023 (State Vs. Lavlesh Kumar), pending in the Additional Chief Judicial Magistrate-I, Lakhimpur Kheri, against the Petitioner, as contained in Annexure No.1 and 2 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Case No.8152/2023 (State Vs. Lavlesh Kumar) arising out of the Case Crime No.0115/2022, under section 3/7 Essential Commodities Act, 1955, Police Station-Ishanagar, District-Kheri, pending in the Additional Chief Judicial Magistrate-I, Lakhimpur Kheri, during pendency of the aforesaid petition, in the interest of justice." After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant for moving a discharge application before the court below and the same may be decided expeditiously. It is further prayed that liberty may also 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 order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another. Learned AGA has no objection to the prayer made by learned counsel for the applicant. As prayed, liberty is granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. As far as prayer made by learned counsel for the applicant to grant liberty to the applicant to file bail application and the same may be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra), liberty is given to the applicant to move bail application before the trial court and the same shall be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). With the aforesaid observations, the present petition is disposed of. Order Date :- 20.12.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench