Disposed

Ghanshyam Tiwari v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC5 May 2025NA528/395/2025

Case brief

AI extract

What is this about?

Application under Section 482 CrPC/Section 528 BNSS to quash a summoning order and charge sheet in an IPC case was disposed of with liberty to seek bail before the trial court; police directed not to take coercive action for 30 days or until bail application.

What did the court decide?

Liberty to apply for bail before trial court with direction for expeditious consideration and 30-day no-coercive-action protection from police.

Ghanshyam Tiwari Vs State of U.P. Thru. Secy. Home Deptt… — Quashing and FIR | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:25977

¶2

Court No. - 14

¶3

Case :- APPLICATION U/S 528 BNSS No. - 395 of 2025

¶4

Applicant :- Ghanshyam Tiwari Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another

¶5

Counsel for Applicant :- Dharmendra Kumar,Maneesh Kumar Chaube

¶6

Counsel for Opposite Party :- G.A.

¶7

Hon'ble Manish Kumar,J.

¶8

Heard learned counsel for the applicants and learned AGA for the State and perused the record.

¶9

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:-

¶10

"it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Summoning order dated 19.11.2024 passed by Additional Civil Judge S.D. Third/ A.C.J.M. Ayodhya and charge sheet no. 306/2024 dated 08.09.2024 in Case No.1907/2024, Crime No. 258/2024, Under Sections 147,148,308,325 I.P.C., Police Station Kotwali Bikapur, District Ayodhya and entire proceeding of Case No. 1907/2024, Crime No. 258/2024, Under Sections 147,148,308,325 I.P.C., Police Station Kotwali Bikapur, District Ayodhya, contained in Annexure no. 1 and 2 to this petition."

¶11

After arguing at some length, learned counsel for the applicants 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 .

¶12

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

¶13

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

¶14

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

¶15

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.

¶16

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

¶17

Order Date :- 5.5.2025

¶18

S. Kumar

¶19

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

Ghanshyam Tiwari v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Ghanshyam Tiwari v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vinay Kumar @ Vinay Kumar Yadav and Another Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and 2 Others

Tribhuwan Dutta Singh and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Maya Devi Vs State of U.P. Thru. Secy. Deptt. Home Lko. and 6 Others

Mahendra Pratap Singh and Another vs Deputy Director of Consolidation, Barabanki and Others

Aditya Rawat vs State of U.P. Thru. Addl. Chief Secy. Prin. Secy. Home Lko and Another

Ghanshyam Tiwari vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another