Disposed

Virendranath Dubey and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC6 Aug 2024/6938/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C., granting liberty to the applicants to file bail and discharge applications, directing the trial court to decide them expeditiously and restraining police from coercive action for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications; police directed not to take coercive action for 30 days.

Virendranath Dubey and Another Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:53750

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6938 of 2024

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Applicant :- Virendranath Dubey And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Abhinav Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.

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The present application U/s 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants for the following main reliefs:-

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"(a) Quash the entire proceeding arising out of Criminal Case No. 41196 of 2024, (State of Uttar Pradesh vs Markandey Dubey) under sections 498-A, 323, 506, 354 (Kha) IPC, and Section 3 & 4 of the Dowry Prohibition Act, 1961, Police Station- Madiyawa, DistrictLucknow pending in the Court of Judicial Magistrate-III, Lucknow.

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(b) Quash the charge sheet bearing no. 01/2024 dated 01.01.2024 submitted against the applicants under sections 498-A, 323, 506, 354 (Kha) IPC, and Section 3 & 4 of the Dowry Prohibition Act, 1961, in FIR No. 0465/2023 PS- Madiyawa, District- Lucknow annexed to this application as Annexure-1.

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(c) Quash the cognizance order dated 18.01.2024 passed by the Court of Judicial Magistrate-III, Lucknow, (State of Uttar Pradesh vs Markandey Dubey) under sections 498-A, 323, 506, 354 (Kha) IPC, and Section 3 & 4 of the Dowry Prohibition Act, 1961, Police StationMadiyawa, District- Lucknow annexed to this application as Annexure no-1.

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(d) Quash the summoning order 25.04.2024 passed by the Court of Judicial Magistrate-III, Lucknow, (State of Uttar Pradesh vs Markandey Dubey) under sections 498-A, 323, 506, 354 (Kha) IPC, and Section 3 & 4 of the Dowry Prohibition Act, 1961, Police StationMadiyawa, District- Lucknow annexed to this application as Annexure no-2."

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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

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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.

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Learned AGA 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 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, their 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 observations 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.

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With the aforesaid observations, the present application is disposed of.

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Order Date :- 6.8.2024 Arun/-

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

Virendranath Dubey and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Virendranath Dubey and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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