CHANDRA PRAKSH TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/729/2025 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119198 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119198 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5787 Court No. - 12 Case :- APPLICATION U/S 482 No. - 729 of 2025 Applicant :- Chandra Praksh Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant with the following prayer:-
"To quash the Chargesheet no. 83/2009 dated 30.04.2009, under sections 419, 420, 467, 468, 471 I.P.C., Police Station Colonelganj, District - Gonda, as well as summoning order dated 11.02.2010 passed by Learned Chief Judicial Magistrate, Gonda, in Criminal Case No. 636/2010, 'State Vs Vaishnav & others', arising out of Case Crime No. C-11/2008, under section 419, 420, 467, 468, 471 І.Р.С., registered at Police Station Colonelganj, District Gonda and to stay the entire proceedings of the Criminal Case No. 636/2010, 'State Vs Vaishnav & others', pending before the Learned Chief Judicial Magistrate, Gonda."
3. 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 Aman Preet Singh Vs. Central Bureau of Investigation (2022) 13 SCC 764 : 2021 SCC OnLince SC 941 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. 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. 6. Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. 7. With the aforesaid observations, the present application is disposed of.
Order Date :- 28.1.2025 G. Singh/ Anand Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench