Disposed

Ram Tej Chauhan v. State of U.P. Thru. Prin. Secy. Home Lko and 4 Others

Allahabad HC22 Apr 2025A482/2526/2025

Case brief

AI extract

What is this about?

In this single-paragraph order, the High Court disposed of an application under Section 482 Cr.P.C. by keeping pending applications, granted liberty to file bail and discharge petitions, and directed the police to refrain from coercive action for 30 days.

What did the court decide?

Liberty to file bail and discharge applications; direction to trial court for expeditious decision; 30-day stay on coercive action by police.

Ram Tej Chauhan Vs State of U.P. Thru. Prin… — Writ and Judicial Review | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:22572

¶2

Court No. - 14

¶3

Case :- APPLICATION U/S 482 No. - 2526 of 2025

¶4

Applicant :- Ram Tej Chauhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others Counsel for Applicant :- Vishal Mishra Counsel for Opposite Party :- G.A.

¶5

Hon'ble Manish Kumar,J.

¶6

Supplementary affidavit filed today is taken on record.

¶7

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

¶8

The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with the following prayer:-

¶9

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to Quash/SETTING ASIDE OF THE IMPUGNED Chargesheet dated 24.10.2018 and Summoning order dated 08.03.2019 issued by Civil Judge (J.D.), Kaiserganj/J.M. Bahraich in Complaint Case no. 6893/2019, State versus Ram Tej, Under Sections 376, 506, 511 IPC, POLICE STATION.- Risiya, District Bahraich along with the entire proceedings of the case against the applicant by way of interim measure in the interest of justice, directing the opposite party no. 2 and 3 not to proceed with abovementioned impugned Chargesheet dated 24.10.2018 and Summoning order dated 08.03.2019. No coercive measures be taken against the petitioner during the pendency of this petition on reliance upon the impugned Charge sheet dated 24.10.2018 and Summoning order dated 08.03.2019 issued by Civil Judge (J.D.), Kaiserganj/J.M. Bahraich in Complaint Case no. 6893/2019, State versus Ram Tej, Under Sections 376, 506, 511 IPC, POLICE STATION.- Risiya, District Bahraich along with the entire proceedings of the case."

¶10

After arguing the matter at some length, Sri Vishal Mishra, 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. 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 SC 116, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously.

¶11

Learned A.G.A has no objection to the prayer made by

¶12

learned counsel for the applicant.

¶13

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, prayer for bail shall be considered and decided expeditiously in accordance with law.

¶14

Liberty is also granted to the applicant to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, if there is no any other legal impediment.

¶15

Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court 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 applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case.

¶16

Order Date :- 22.4.2025 Nitesh

¶17

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

Ram Tej Chauhan v. State of U.P. Thru. Prin. Secy. Home Lko and 4 Others

Case brief

What is this about?

What did the court decide?

Ram Tej Chauhan v. State of U.P. Thru. Prin. Secy. Home Lko and 4 Others

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

Arti Devi Vs Addl. Chief Judicial Magistrate VI Lko. and 2 Others

Yogendra Pratap Singh and 3 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

Nadeem Vs State of U.P. Thru. Prin. Secy. (Home) U.P. Govt. Lko. and Another

Asha Pandey @ Asha (Jethani) and 2 Others vs State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko and Another

State of U.P. Thru. Prin. Secy. Deptt. of Labour U.P. Lko and 3 Others vs Anand Prakash Singh

Rikshpal Singh and 3 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another