Tarun Sinha @ Tarun Kumar Sinha Vs State of U.P… — Cheating and Forgery | Allahabad HC (2025)

Tarun Sinha @ Tarun Kumar Sinha Vs State of U.P… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to file a bail application before the trial court (to be decided expeditiously in accordance with law); liberty to move a discharge application (to be decided expeditiously in accordance with law); police officer concerned not to take coercive action for 30 days from the order or till the applicant applies for bail, whichever is earlier.

Issue for consideration

Whether the criminal proceedings in Criminal Case No. 30158 of 2024 under Sections 406, 420 IPC, arising from FIR No. 96/2023 (P.S. Gazipur, District Lucknow), and the summoning order dated 13.03.2024 passed against the applicant, should be quashed under Section 482 Cr.P.C.

Court's answer

The application is disposed of with liberty to the applicant(s) to apply for bail; if bail is applied for before the court concerned, the prayer for bail shall be considered and decided expeditiously in accordance with law.

Ratio / Principle

Liberty is granted to the applicant(s) 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) and Musheer Alam (Supra), the Court observed that the police officer concerned is expected not to take any coercive action against the applicant(s) for 30 days from the date of the order or till the applicant(s) apply for bail, whichever is earlier.ratio¶14

Detailed headnote1 paragraphs

Section 482 Cr.P.C. application seeking quashing of Criminal Case No. 30158 of 2024 (Sections 406, 420 IPC) and summoning order dated 13.03.2024 passed by the Special Chief Judicial Magistrate (Custom), Lucknow, arising from FIR No. 96/2023, P.S. Gazipur, District Lucknow, against applicant Tarun Sinha @ Tarun Kumar Sinha. The Court did not decide the quashing plea on merits; the application was disposed of with liberty to apply for bail (to be decided expeditiously) and to move a discharge application (to be decided expeditiously). In view of the law laid down in Satender Kumar Antil v. CBI, (2022) 10 SCC 51, and taking note of Musheer Alam v. State of U.P., the police officer concerned was observed to refrain from coercive action for 30 days from the order or till a bail application is filed, whichever is earlier. (Saurabh Lavania, J.; order dated 3.3.2025)

Neutral Citation No. - 2025:AHC-LKO:12627

Court No. - 12

Case :- APPLICATION U/S 482 No. - 1697 of 2025

Applicant :- Tarun Sinha @ Tarun Kumar Sinha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sanket Pandey Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant(s), learned AGA for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may very kindly be pleased to quash the criminal proceedings in Criminal Case No.30158 of 2024 under section 406, 420 IPC in re State vs Ashish Srivastava and Others pending before the Learned Special Chief Judicial Magistrate (Custom) Lucknow arising from FIR No. 96/2023 under Section 406, 420 IPC Police Station Gazipur, District- Lucknow against the Applicant/Accused and also for quashing the summoning order dated: 13.03.2024 passed by the Learned Special Chief Judicial Magistrate (Custom) Lucknow against the applicant/accused, in the interest of justice."

After arguing at some length, learned counsel for the applicant(s) has submitted that liberty may be given to the applicant(s) 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 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine 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(s).

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(s) applies/apply for bail

before the Court concerned, his/their prayer for bail shall be considered and decided expeditiously in accordance with law.

Liberty is also granted to the applicant(s) 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) and Musheer Alam (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(s) applies/apply for bail, whichever is earlier, he would not take any coercive action against the applicant(s) in the aforesaid case.

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

Order Date :- 3.3.2025

ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench