Ravindra Kumar Tyagi and Another Vs State of U.P. Thru. Prin. Secy. Home Lko and Another — Allahabad HC (2024) — LawSathi Research

Ravindra Kumar Tyagi and Another Vs State of U.P. Thru. Prin. Secy. Home Lko and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with (i) liberty to apply for bail before the trial court, such prayer to be decided expeditiously in accordance with law; (ii) liberty to move a discharge application before the court below, to be decided expeditiously in accordance with law; and (iii) an observation that no coercive action be taken against the applicants for 30 days from the order date or till they apply for bail, whichever is earlier.

Issue for consideration

Whether the charge sheet dated 04-07-2022 and the summoning order dated 30-09-2022 in Case No. 13903/2022 arising out of FIR No. 136/2022, under Sections 323, 504, 506 IPC, P.S. Jalalpur, District Ambedkar Nagar, pending before the Chief Judicial Magistrate, Ambedkar Nagar, are liable to be quashed and the proceedings stayed.

Court's answer

With the aforesaid observations, the present application is disposed of; the quashing prayer was not adjudicated on merits.

Ratio / Principle

The application is disposed of with liberty as prayed for: if the applicants apply for bail before the court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

Key takeaways

Liberty is granted to the applicants to move a discharge application before the court below, and the same shall be decided expeditiously in accordance with law.ratio¶11
Taking note of the facts of the case and the observations in Satender Kumar Antil (supra), the Court expected the police officer concerned not to take any coercive action against the applicants for a period of 30 days from the date of the order or till the applicants apply for bail, whichever is earlier.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.), order dated 10.9.2024 in Application U/S 482 No. 8051 of 2024. The applicants sought quashing of the charge sheet dated 04-07-2022 and the summoning order dated 30-09-2022 (printed '3009-22') in Case No. 13903/2022 arising out of FIR No. 136/2022, under Sections 323, 504, 506 IPC, P.S. Jalalpur, District Ambedkar Nagar, pending before the Chief Judicial Magistrate, Ambedkar Nagar. Without deciding the quashing prayer on merits, the Court disposed of the application with liberty to the applicants to apply for bail and to move a discharge application before the court below, both to be decided expeditiously in accordance with law. Relying on Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51, the Court further observed that the police officer concerned would not take any coercive action against the applicants for 30 days from the date of the order or until they apply for bail, whichever is earlier.

Neutral Citation No. - 2024:AHC-LKO:62312

Court No. - 13

Case :- APPLICATION U/S 482 No. - 8051 of 2024 Applicant :- Ravindra Kumar Tyagi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Ajay Bahadur Yadav Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

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

The present application has been filed by the applicants for the following main relief(s):-

"i. To Quash the charge sheet dated 04-07-2022 and summoning order dated 3009-22 in respect of first information report no- 136/2022, Case No. 13903/2022, under section 323, 504, 506 IPC, P.S. Jalalpur, District- Ambedkar Nagar, (State of U.P Versus Ravindra Tyagi and another) pending before Chief Judicial Magistrate Ambedkar Nagar and further be pleased to stay the entire proceedings of first information report no- 136/2022, Case No. 13903/2022, under section 323, 504, 506 IPC, P.S. Jalalpur, District- Ambedkar Nagar, (State of U.P Versus Ravindra Kumar Tyagi and another), to meets the ends of justice."

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, (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 applicants.

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.

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.

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.

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

Order Date :- 10.9.2024 Arun/-

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