Sandeep Gupta Vs the State of U.P. Thru. the Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

Sandeep Gupta Vs the State of U.P. Thru. the Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of (not decided on merits) 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 from the order or till the applicant applies for bail, whichever is earlier.

Issue for consideration

Whether the criminal proceedings of Criminal Case No.11767 of 2024 arising out of Case Crime No.86 of 2024 (Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of the D.P. Act), together with the cognizance order dated 14.08.2024 and charge sheet dated 10.06.2024, ought to be quashed.

Court's answer

The Section 482 application is disposed of with liberty to the applicant to apply for bail before the court concerned, and such bail prayer 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, which shall be decided expeditiously in accordance with law.

Key takeaways

Taking note of Satendra Kumar Antil (supra), the Court observed that the police officer concerned is expected not to take any coercive action against the applicant for a period of 30 days from the date of the order or till the applicant applies for bail, whichever is earlier.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.) disposed of an application under Section 482 CrPC by Sandeep Gupta seeking quashing of criminal proceedings of Criminal Case No.11767 of 2024, arising out of Case Crime No.86 of 2024 under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of the D.P. Act, P.S.-Dhanpatganj, District Sultanpur, together with the cognizance order dated 14.08.2024 and charge sheet dated 10.06.2024. Counsel for the applicant, at the hearing, sought only liberty to file a bail application in view of Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51, and to prefer a discharge application; learned AGA raised no objection. The Court disposed of the application, granting liberty to seek bail and to move discharge with a direction that both be decided expeditiously, and, taking note of Satendra Kumar Antil (supra), observed that the police officer concerned is expected not to take any coercive action against the applicant for 30 days from the date of the order or till the applicant applies for bail, whichever is earlier. No adjudication was made on the merits of quashing.

Neutral Citation No. - 2025:AHC-LKO:121

Court No. - 12

Case :- APPLICATION U/S 482 No. - 10407 of 2024

Applicant :- Sandeep Gupta Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Hari Om Gupta 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.

Instant application has been preferred by the applicant(s)/petitioner(s) for quashing impugned criminal proceedings of Criminal Case No.11767 of 2024, arising out of Case Crime No.86 of 2024 under Section 498-A, 323, 504, 506 IPC & Section 3/4 of D.P. Act, P.S.-Dhanpatganj, DistrictSultanpur as well as cognizance order dated 14.08.2024 including charge sheet dated 10.06.2024.

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 apply 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 apply 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 :- 2.1.2025 Vinay/-

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