Anshuman Deo Dwivedi vs State of U.P. Thru. Its Prin… — Dowry and Cruelty | Allahabad HC (2025)

Anshuman Deo Dwivedi vs State of U.P. Thru. Its Prin… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the applicant to file a bail application before the trial court; direction to the court below to consider and decide the bail prayer expeditiously in accordance with law (per Satendra Kumar Antil and Musheer Alam); observation that no coercive action be taken against the applicant for 30 days or till the bail application, whichever is earlier.

Issue for consideration

Whether the summoning order dated 22.12.2022 passed by the learned Chief Judicial Magistrate, Lucknow, together with the impugned charge-sheet in Case No. 126056/2022 / Case Crime No. 669/2020 (Sections 498-A, 323, 504, 506 IPC; Sections 3-4 Dowry Prohibition Act), Police Station Gomti Nagar, District Lucknow, ought to be quashed under Section 482 Cr.P.C. +2 more

Ratio / Principle

This Court disposed of the Section 482 Cr.P.C. application (read with Section 528 BNSS) without ruling on the quashing question, granting liberty to the applicant to file a bail application before the trial court and directing the court below to consider and decide the bail prayer expeditiously in accordance with law, taking into account the law laid down in Satendra Kumar Antil (Supra) and Musheer Alam (Supra).

Key takeaways

It was observed that the concerned Police Officer 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, in the aforesaid case.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 14 - Manish Kumar, J. (neutral citation 2025:AHC-LKO:30458; order dated 22.5.2025). Anshuman Deo Dwivedi's application under S. 482 Cr.P.C. (now S. 528 BNSS) seeking quashing of the summoning order dated 22.12.2022 and the charge-sheet (Case No. 126056/2022; Case Crime No. 669/2020, Sections 498-A, 323, 504, 506 IPC & Sections 3/4 Dowry Prohibition Act, Police Station Gomti Nagar, District Lucknow) was disposed of rather than adjudicated on merits: liberty was granted to apply for bail before the trial court, which was directed to consider and decide the bail prayer expeditiously in accordance with law, reliance being placed on Satendra Kumar Antil v. CBI, (2022) 10 SCC 51, and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116; it was further observed that the concerned Police Officer is expected not to take any coercive action against the applicant for 30 days or till a bail application is made, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:30458

Court No. - 14

Case :- APPLICATION U/S 482 No. - 4308 of 2025

Applicant :- Anshuman Deo Dwivedi Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Prem Chandra Chauhan,Deepak Kumar,Kashi Ram,Rahul Verma Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard 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:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 22.12.2022 as well as impugned charge-sheet on which basis the learned Chief Judicial Magistrate, Lucknow, has summoned to the petitioner in Case No. 126056/2022, case crime No. 669/2020 U/s 498-A, 323, 504,506 1.P.C. & 3/4 D.P.Act Police Station Gomti Nagar, District Lucknow, contained as Annexure No.1 & 2 to this petition."

After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicants 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 .

Learned AGA has no objection to the prayer made by learned counsel for the applicants.

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.

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 :- 22.5.2025

S. Kumar

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