Dinesh Singh Tomar Vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

Dinesh Singh Tomar Vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with liberty to the appellant to surrender before the trial court and file a bail application within four weeks; trial court directed to consider and decide the bail application expeditiously in view of Satendra Kumar Antil, (2022) 10 SCC 51; no coercive measures against the appellant for four weeks. The prayer to quash the revision judgment, summoning order, NBW and the entire criminal proceeding was not adjudicated.

Issue for consideration

Whether the judgment and order dated 03.10.2024 of the Sessions Judge, Hardoi in Criminal Revision No.117/2024, the summoning order dated 19.05.2023 of the Civil Judge (S.D.)/F.T.C., Hardoi, the Non-Bailable Warrant dated 12.11.2024 of the Additional Chief Judicial Magistrate-II, Hardoi, and the entire criminal proceeding in Complaint Case No.2080 of 2022 (ss.498-A, 323, 506 IPC and s.3/4 Dowry Prohibition Act) should be quashed. (Raised by the prayer; not adjudicated - disposal was limited to the surrender/bail prayer.) +1 more

Ratio / Principle

The Application U/S 482 is disposed of with liberty to the appellant to surrender before the trial court concerned and file an application for bail within four weeks.

Key takeaways

If such bail application is filed, the trial court is directed to consider and decide it expeditiously, keeping in view the law laid down by the Hon'ble Supreme Court in Satendra Kumar Antil (supra).ratio¶17
Interim protection: for the period of four weeks, no coercive measures shall be taken against the appellant.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 21 (Manjive Shukla, J.), Application U/S 482 No. 715 of 2025, decided December 3, 2025 - Dinesh Singh Tomar vs. State of U.P. and another. Petition under Section 482 Cr.P.C. sought quashing of (i) judgment and order dated 03.10.2024 of the Sessions Judge, Hardoi in Criminal Revision No.117/2024, (ii) summoning order dated 19.05.2023 of the Civil Judge (S.D.)/F.T.C., Hardoi, and (iii) Non-Bailable Warrant dated 12.11.2024 of the Additional Chief Judicial Magistrate-II, Hardoi, in Complaint Case No.2080 of 2022, Sandhya Singh vs. Dinesh Singh and others, under Sections 498-A, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, P.S. Atrauli, District Hardoi, together with the entire criminal proceeding. At the outset, counsel for the appellant submitted that the appellant would surrender before the trial court and apply for bail, requesting that the trial court decide the bail application in the light of Satendra Kumar Antil vs. CBI, (2022) 10 SCC 51; the Additional Government Advocate raised no objection to this limited prayer. The Court disposed of the matter, granting liberty to surrender and file the bail application within four weeks, directing the trial court to consider and decide such application expeditiously keeping in view Satendra Kumar Antil (supra), and providing that no coercive measures be taken against the appellant for four weeks. The merits of the quashing prayer were not examined.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 715 of 2025

Dinesh Singh Tomar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Irfan Khan, Abdur Rub, Shabe Roshan Counsel for Opposite Party(s) : G.A., Ajai Kumar Singh, Shobhit Singh

Court No. - 21

HON'BLE MANJIVE SHUKLA, J.

Heard learned counsel for the appellant and learned Additional Government Advocate appearing for the State.

The instant petition under Section 482 Cr.P.C. has been filed by the petitioner for the following relief:-

"i. Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned judgment and order dated 03.10.2024 passed by learned Sessions Judge, Hardoi in Criminal Revision No.117/2024, Dinesh Singh Tomar vs. State of U.P. and another and summoning order dated 19.05.2023 passed by Civil Judge (S.D.)/F.T.C. Hardoi and also Non-Bailable Warrant dated 12.11.2024 issued by Additional Chief Judicial Magistrate-II, Hardoi, in Complaint Case No.2080 of 2022, Sandhya Singh Vs. Dinesh Singh and others, under Sections 498-A, 323, 506 I.P.C and Section 3/4 Dowry Prohibition Act, Police Station-Atrauli, District-Hardoi along with entire criminal proceeding of the aforesaid case pending before the concerned court as contained in Annexure No.1, 2 and 3 to this petition in the interest of justice."

Learned counsel appearing for the appellant, at the very outset, has submitted that the appellant shall surrender before the trial court and shall file the application for grant of bail. He has further submitted that this Court may direct the trial court to consider and decide the appellant's

A482 No. 715 of 2025

2

application for bail in the light of law laid down by the Hon'ble Supreme Court in its judgment rendered in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another, reported in (2022) 10 SCC 51.

Learned Additional Government Advocate appearing for the State does not have any objection if the aforesaid limited prayer is allowed in favour of the appellant.

In view of the aforesaid submissions, this criminal appeal is disposed of with liberty to the appellant to surrender before the trial court concerned and file the application for bail within a period of four weeks from today and if such application is filed, the trial court is hereby directed to consider and decide the said application, expeditiously keeping in view the law laid down by the Hon'ble Supreme Court in the case of Satendra Kumar Antil (supra) . It is further provided that for the period of four weeks, no coercive measures shall be taken against the appellant.

(Manjive Shukla,J.)

December 3, 2025

akhilesh/-

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