Dismissed¶7

Sunil Kumar Tiwari v. State of U.P. Thru. Its Prin. Secy. Home Lko. and Another

Allahabad HC14 Feb 2025A482/1403/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench; APPLICATION U/S 482 No. 1403 of 2025; applicant Sunil Kumar Tiwari vs State of U.P. and another; quashing of summoning order dated 03.04.2024 and NBW order dated 24.01.2025; ACJM-III Lucknow; complaint case no. 5894/2021; sections 323, 452, 504, 506 IPC; dismissal as not pressed; liberty to file bail application; bail to be decided expeditiously per Satender Kumar Antil v. CBI, SLP (Crl.) No. 5191 of 2021; Karunesh Singh Pawar, J.; decided 14.2.2025; neutral citation 2025:AHC-LKO:9655.

What did the court decide?

Petition dismissed as not pressed with liberty to the petitioner to appear before the trial court within two weeks and apply for bail, to be decided expeditiously in view of Satender Kumar Antil v. CBI (supra). ¶7

Sunil Kumar Tiwari Vs State of U.P. Thru. Its Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶7

Issue for consideration

Whether the summoning order dated 03.04.2024, the non-bailable warrant order dated 24.01.2025 and the entire criminal proceedings in complaint case no. 5894/2021 under sections 323, 452, 504, 506 IPC pending before ACJM-III, Lucknow should be quashed.

¶5

Court's answer

The petition seeking quashing of the summoning order dated 03.04.2024, the NBW order dated 24.01.2025 and the criminal proceedings in complaint case no. 5894/2021 is dismissed as not pressed, on the prayer of learned counsel for the petitioner, to which learned A.G.A. has no objection.

¶7

Ratio / Principle

Liberty granted to the petitioner to appear before the trial court within two weeks and apply for bail; such bail application shall be decided expeditiously in view of the law laid down by the Supreme Court in Satender Kumar Antil's case (supra).

¶7

Detailed headnote1 paragraphs

Application U/S 482 (No. 1403 of 2025) by Sunil Kumar Tiwari before the High Court of Judicature at Allahabad, Lucknow Bench (Karunesh Singh Pawar, J.), seeking quashing of the summoning order dated 03.04.2024 and the non-bailable warrant order dated 24.01.2025 passed by the court of ACJM-III, Lucknow in complaint case no. 5894/2021 under sections 323, 452, 504, 506 of the IPC, along with the entire criminal proceedings of the said complaint case. After arguing for some time, learned counsel for the petitioner submitted that the petition may be dismissed as not pressed with liberty to file a bail application, to be decided in view of the law laid down by the Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No. 5191 of 2021, to which the learned A.G.A. had no objection. The petition was dismissed as not pressed, with the direction that if the petitioner appears before the trial court within two weeks and applies for bail, the same shall be decided expeditiously in view of Satender Kumar Antil's case (supra). Order dated 14.2.2025.

Sunil Kumar Tiwari v. State of U.P. Thru. Its Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Sunil Kumar Tiwari v. State of U.P. Thru. Its Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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