Disposed

Subhash Chandra Tiwari v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC24 Sept 2024/8634/2024

Case brief

AI extract

What is this about?

The court disposed of an application under Section 482 CrPC. It granted liberty to the applicant to file a bail application and a discharge application, directing the trial court to decide both expeditiously. Non-coercive action against the applicant for 30 days was also directed.

What did the court decide?

Liberty granted to file bail and discharge applications; trial court directed to decide expeditiously; no coercive action for 30 days.

Subhash Chandra Tiwari Vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66016

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8634 of 2024

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Applicant :- Subhash Chandra Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Amrit Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Suraj Singh Visen, Advocate alongwith Sri Divyanshu Tripathi, Advocate put in appearance on behalf of opposite party No.2 and filed the Vakalatnama, which is taken on record.

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

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Instant application has been preferred by the applicant(s)/petitioner(s) for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 29.05.2024 passed by the Learned Civil Judge (Senior Division) FTC New/Additional Chief Judicial Magistrate, Gonda whereby the application for discharge has been rejected, arising out of Criminal Case No. 2817 of 2019 "State Vs. Subhash Chandra Tiwari and others" in pursuance of Charge Sheet No. 01 of 2018 dated 22.08.2018 in First Information Report/ Case Crime No. 241 of 2018 under section 419, 420, 406, 504, 506 I.P.C., Police Station Wazeerganj, District-Gonda as well as entire proceeding of Charge Sheet No. 01 of 2018 dated 22.08.2018 pending in the court of Learned Civil Judge(Senior Division) FTC New/Additional Chief Judicial Magistrate, Gonda (contained as Annexure No. 1 and 2), in the interest of law and justice."

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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.

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Learned AGA has no objection to the prayer made by learned counsel for the applicant.

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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 applicant 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 applicant 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 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 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 is disposed of.

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Order Date :- 24.9.2024 Vinay/-

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

Subhash Chandra Tiwari v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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Subhash Chandra Tiwari v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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