Shivam Verma Vs State of U.P. Thru. Addl. Chief Secy… — Cheating and Forgery | Allahabad HC (2024)

Shivam Verma Vs State of U.P. Thru. Addl. Chief Secy… — Cheating and Forgery | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Application disposed of with liberty to the applicant to file a bail application and a discharge application before the court below, both to be decided expeditiously in accordance with law; police officer concerned expected not to take coercive action against the applicant for 30 days or till the applicant applies for bail, whichever is earlier.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 4216 of 2023 (State Versus Rohit Kumar Rathaur & Another), arising out of Case Crime No. 1000 of 2022, and the charge sheet and summoning order dated 05/05/2023 passed by the Chief Judicial Magistrate, Kheri, should be set aside/quashed.

Court's answer

The present application is disposed of with liberty as prayed for, and the court below is directed that if the applicant applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.

Ratio / Principle

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

Key takeaways

Taking note of the facts of the case and the observation in Satendra Kumar Antil (Supra), the Court expects that the Police Officer concerned will not take any coercive action against the applicant for a period of 30 days from the order or till the applicant applies for bail, whichever is earlier.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J.) — Application under Section 482 by Shivam Verma seeking quashing of Criminal Case No. 4216 of 2023 (State Versus Rohit Kumar Rathaur & Another), arising out of Case Crime No. 1000 of 2022 under Sections 406, 420, 465, 471 IPC, Police Station Kotwali Nagar, District Kheri, and of the charge sheet and summoning order dated 05/05/2023 passed by the Chief Judicial Magistrate, Kheri — disposed of with liberty to the applicant to file a bail application and a discharge application before the court below, each to be decided expeditiously in accordance with law; taking note of the observation in Satender Kumar Antil v. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51, the Police Officer concerned is expected not to take any coercive action against the applicant for 30 days or till the applicant applies for bail, whichever is earlier. Learned AGA had no objection to the prayer.

Neutral Citation No. - 2024:AHC-LKO:65706

Court No. - 13 Case :- APPLICATION U/S 482 No. - 8564 of 2024 Applicant :- Shivam Verma Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Arvind Kumar Maurya,Pawan Verma Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

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

The present application has been filed for the following main relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside/quash the entire proceeding of Criminal Case No. 4216 of 2023 (State Versus Rohit Kumar Rathaur & Another) arising out of Case Crime No. 1000 of 2022, under Sections 406, 420, 465, 471 of I.P.C., Police Station Kotwali Nagar, District Kheri, pending in the Court of Chief Judicial Magistrate, Kheri, as well as the Charge Sheet and summoning order dated 05/05/2023 passed by Chief Judicial Magistrate, Kheri.

It is further respectfully prayed that during the pendency of present petition, the further proceeding of Criminal Case No.4216 of 2023 (State Versus Rohit Kumar Rathaur & Another) and the operation and implementation of the summoning order dated 05.05.2023 passed by Chief Judicial Magistrate, Kheri, may kindly be stayed."

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 :- 23.9.2024 Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench