Disposed

Ravindra Kumar Tyagi and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC10 Sept 2024A482/8051/2024

Case brief

AI extract

What is this about?

An application under Section 482 CrPC seeking quashing of charges and stay of proceedings was disposed of. The court granted liberty to file for bail and discharge, directing the trial court to consider such applications expeditiously, and ordered police to refrain from coercive action for 30 days.

What did the court decide?

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

Ravindra Kumar Tyagi and Another vs State of… — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

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

¶2

Court No. - 13

¶3

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.

¶4

Hon'ble Saurabh Lavania,J.

¶5

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

¶6

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

¶7

"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."

¶8

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.

¶9

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

¶10

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.

¶11

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.

¶12

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.

¶13

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

¶14

Order Date :- 10.9.2024 Arun/-

¶15

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

Ravindra Kumar Tyagi and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

What did the court decide?

Ravindra Kumar Tyagi and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Raviendra Bahadur Singh Vs State U.P. Thru. Prin. Secy. Home Civil Secretariat Lko. and Another

Durga Prasad Verma @ Durga Prasad Vs State of U.P. Secy. Home Deptt. Lko and Another

Rajendra Kumar Verma Vs State of U.P. Thru. Its Prin. Secy. Deptt. of Home, Lko. and Another

Chandan Alias Dhananjay Vs State of U.P. Thru. Prin. Secy. Home , Lko. and Another

Sanjeev Kumar Singh and Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Monu Singh vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 4 Others