Prithvi Pal Yadav Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

Prithvi Pal Yadav Vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to apply for bail before the trial court (to be considered and decided expeditiously in accordance with law); liberty to move a discharge application before the court below (to be decided expeditiously absent legal impediment); interim expectation that the police officer will not take coercive action for 30 days or until a bail application is filed, whichever is earlier.

Issue for consideration

Whether the proceedings of Criminal Case No. 84746 of 2014 and the summoning order dated 06.08.2014 should be quashed; the court instead disposed of the application with liberty to seek bail and to file a discharge application.

Court's answer

The application under Section 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for; if the applicant applies for bail before the court concerned, his prayer for bail 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 if there is no other legal impediment.

Key takeaways

Taking note of Satendra Kumar Antil (supra) and Musheer Alam (supra), the court expects the concerned police officer not to take any coercive action against the applicants 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 (Court No. 14); Application U/S 482 No. 2644 of 2025; applicant Prithvi Pal Yadav; decided 26.3.2025 by Hon'ble Manish Kumar, J. Filed under Section 482 Cr.P.C. (now 528 B.N.S.S.), the application sought quashing of the entire proceedings of Criminal Case No. 84746 of 2014 (State v. Vijay Verma and others), arising out of Charge Sheet No. 193 of 2013 dated 28.08.2013 in pursuance of Case Crime No./FIR No. 116 of 2013 under Sections 420, 406 IPC, Police Station Ghazipur, District Lucknow, pending before the Special Chief Judicial Magistrate (Custom), Lucknow, together with the summoning order dated 06.08.2014. Rather than quashing, the court disposed of the application with liberty to apply for bail before the court concerned (to be decided expeditiously in accordance with law) and liberty to move a discharge application before the court below (to be decided expeditiously if there is no other legal impediment). Taking note of Satendra Kumar Antil v. CBI, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51, and Musheer Alam v. State of Uttar Pradesh, 2025 SCC OnLine SC 116, the court further expected that the police officer concerned would not take coercive action against the applicants for 30 days from the order date or until the applicant applies for bail, whichever is earlier.

Court No. - 14

Case :- APPLICATION U/S 482 No. - 2644 of 2025

Applicant :- Prithvi Pal Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

Counsel for Applicant :- Mukul Singh,Dhananjai Yadav Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard Sri Dileep Kumar, learned counsel for the applicant and learned AGA for the State and perused the record.

The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:-

"it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No. 84746 of 2014 (State Vs. Vijay Verma and others); arising out of Charge Sheet No. 193 of 2013 dated 28.08.2013 in pursuance of Case Crime No. /First Information Report No. 116 of 2013, Under Section 420, 406 I.P.C., relating to Police Station Ghazipur, District Lucknow, pending before Learned Special Chief Judicial Magistrate (Custom), Lucknow as well as summoning order dated 06.08.2014 passed by Learned Special Chief Judicial Magistrate (Custom), Lucknow (contained as Annexure No. 1 & 2), in the interest of law and justice."

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 Satendra 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 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 U/s 482 Cr.P.C. read with Section 528 BNSS 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, 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, if there is no any other legal impediment.

Taking note of the facts of the case and also the observations 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 applies for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.

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

Order Date :- 26.3.2025

S. Kumar

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