KAMAL KUMAR TIWARI @ KAMAL KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A482/1280/2025 · 2025-02-11
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122791 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122791 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8826 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1280 of 2025 Applicant :- Kamal Kumar Tiwari @ Kamal Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Vikas Chandra Dwivedi,Padmanabh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:-
"i. To quash the entire proceeding of Case No. 1667/2021 'State of U.P. vs. Kamal Kumar Tiwari and Ors.', arising out of FIR/Case Crime No. 0297/2020, registered at Police Station- Mall, District Lucknow, pending in the court of Special Judge, SC/ST Act, Lucknow; ii. To quash impugned chargesheet No. 01 of 2020, dated 03.11.2020 arising out of Case Crime No. 0297/2020, filed under Section 323, 504, 506 IPC and Section 3(1) (Dha), 3(2)(Va) SC/ST Act, Police Station- Mall, District Lucknow, pending in the court of Special Judge, SC/ST Act, Lucknow, contained as Annexure No. 1 to this petition; iii. To quash the impugned summoning order dated 17.06.2021 passed in Case No. 1667/2021 'State of U.P. vs. Kamal Kumar Tiwari and Ors.' pending in the Court of Special Judge SC/ST, Lucknow, pending in the court of Special Judge SC/ST Act, Lucknow, issued to the petitioners, contained as Annexure no. 2 to this petition." 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 Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 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 applicants. Keeping in view the aforesaid, the present application is
disposed of with liberty as prayed for and with a direction
to the court below that if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. 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. Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police OfÏcer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is
disposed of.
Order Date :- 11.2.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench