Disposed

Arvind Kumar Tiwari Alias Anil Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC30 Aug 2024A482/5445/2024

Case brief

AI extract

What is this about?

This application under Section 482 CrPC/Section 528 BNSS sought to quash non-bailable warrants and proceedings. The Court, while dismissing the quashing prayer, granted liberty to the applicant to file for bail and discharge before the trial court, which must be decided expeditiously. The Court directed police to refrain from coercive action for 30 days.

What did the court decide?

Application disposed; liberty granted to approach trial court for bail/discharge; police directed not to take coercive action for 30 days.

Arvind Kumar Tiwari Alias Anil Tiwari vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:59525

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 5445 of 2024

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Applicant :- Arvind Kumar Tiwari Alias Anil Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Bhaskar Dutt Misra,Arun Diwaker,Madhusudan Dutt Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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The present application U/s 482 CrPC/ Section 528 of Bharatiya Nyaya Suraksha Sanhita, 2023 (in short 'BNSS') has been filed for the following main relief:-

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"For the facts, reasons, and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Non-bailable warrants issued against the applicant along with the proceedings initiated under section 82 of the Code of Criminal Procedure in Case No.- 2560-2001 of "State of Uttar Pradesh Versus Anil Kumar Tiwari" arising out of Case Crime Number188-1994 under sections 279, 337 and 427 of the Indian Penal Code 1860 pending trial before the Chief Judicial Magistrate Bhinga Shravasti Uttar Pradesh, certified copy of the charge sheet in the matter as mentioned is annexed herewith this affidavit as Annexure No. 1."

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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 applies for bail before the Court concerned, his prayer for bail shall be considered and

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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 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case.

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With the aforesaid observations, the present is disposed of.

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Order Date :- 30.8.2024 (Manoj K.)

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

Arvind Kumar Tiwari Alias Anil Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Arvind Kumar Tiwari Alias Anil Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko.

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