Disposed

Dhananjay Tiwari and Another v. State of U.P. Thru. the Prin. Secy. Home Lko. and Another

Allahabad HC8 Jul 2024/5777/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. sought setting aside of a summoning order and charge-sheet in a criminal case. Counsel instead sought liberty to apply for bail and file a discharge application. The court disposed of the application granting such liberty, expeditious consideration of bail and discharge applications, and no coercive action for 30 days.

What did the court decide?

Liberty to apply for bail and move a discharge application before the court below; no coercive action by police for 30 days or until bail application, whichever earlier.

Dhananjay Tiwari and Another Vs State of U.P. Thru. the… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46316

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 5777 of 2024

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Applicant :- Dhananjay Tiwari And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard counsel for the applicants, learned A.G.A. for the State and perused the record.

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The present application U/s 482 Cr.P.C. has been filed for the following main relief:-

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"It is most respectfully prayed that this Hon'ble court may graciously be pleased to set aside the impugned summoning order dated 01.06.2023 passed by the Civil Judge (S.D.) / Additional Chief Judicial Magistrate Kadipur, Sultanpur in criminal Misc.Case No.4809/2024( State of U.P. Versus Vinod Kumar Tiwari and others) U/S 323,504& 506 IPC & U/S 92(d) of disabled persons right Act P.S. Akhand Nagar, District Sultanpur, and also set aside the charge sheet dated 25.12.2022 contained as Annexure No. 1 & 2 to this petition so far as it relates to the petitioner."

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After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants 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, Special Leave to Appeal (Cri) No. 5191 of 2021 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

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Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.

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Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. 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.

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Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

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Taking note of the facts of the case and also the observation made in

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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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.

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With the aforesaid observations, the present application U/s 482 Cr.P.C., is disposed of.

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Order Date :- 8.7.2024 (Manoj K.)

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Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Dhananjay Tiwari and Another v. State of U.P. Thru. the Prin. Secy. Home Lko. and Another

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Dhananjay Tiwari and Another v. State of U.P. Thru. the Prin. Secy. Home Lko. and Another

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