Ravi Gupta v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11638 of 2024 Applicant :- Ravi Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Abhinav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.

¶1Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

¶2The present application has been filed for the following main reliefs:- "(a) Quash the entire proceeding arising out of Criminal Case No.308 of 2021, (State of Uttar Pradesh vs. Ravi Prakash Gupta) under section 3/4 of the Prevention of Damage to Public Property Act, 1984, Police Station -Maharajganj, District - Faizabad pending in the Court of Judicial Magistrate-II, Faizabad.

(b) Quash the charge sheet no.01/2019 dated 25.07.2019 submitted against the applicant under section 3/4 of the Prevention of Damage to Public Property Act, 1984, Police Station -Maharajganj, District - Faizabad, annexed to this application as Annexure-I.

(c) Quash the cognizance order passed by the Court of Judicial Magistrate-II, Faizabad (State of Uttar Pradesh vs. Ravi Prakash Gupta) under section 3/4 of the Prevention of Damage to Public Property Act, 1984, Police Station -Maharajganj, District - Faizabad, annexed to this application as Annexure No.-1.

(d) Quash the summoning order dated 08.03.2021, passed by the Court of Judicial Magistrate-II, Faizabad (State of Uttar Pradesh vs. Ravi Prakash Gupta) under section 3/4 of the Prevention of Damage to Public Property Act, 1984, Police Station - Maharajganj, District - Faizabad Annexed to this application as Annexure No.2.

(e) Quash the order dated 08.07.2023 passed by the Court of Judicial Magistrate-II, Faizabad (State of Uttar Pradesh vs. Ravi Prakash Gupta) under section 3/4 of the Prevention of Damage to Public Property Act, 1984, Police Station -Maharajganj, District-Faizabad annexed to this application as Annexure No.4.

(f) Quash the order dated 04.10.2024 passed by the Court of Judicial Magistrate-II, Faizabad (State of Uttar Pradesh vs. Ravi Prakash Gupta) under section 3/4 of the Prevention of Damage to Public Property Act, 1984, Police Station -Maharajganj, District-Faizabad annexed to this application as Annexure No.5." 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 applicant applies 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 :- 18.12.2024 ML/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench