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2025 DAILYLAW 122853 (ALL)

DURGA CHARAN TRIPATHI AND ANOTHER v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

A482/1294/2025 · 2025-02-12

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8891 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1294 of 2025 Applicant :- Durga Charan Tripathi And Another Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Surendra Kumar Mishra,Satyam Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,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 by the applicants for the following main reliefs:- "That this Hon'ble Court may kindly be pleased to quash or set aside the impugned charge-sheet dated 26.04.2023 filed in case crime No. 044/2023, U/s-420, 406, 504, 506 IPC, Police Station- Indira Nagar District-Lucknow, alongwith summoning order dated 20.09.2023 passed by learned Judicial Magistrate Second Class, Court no. 26 Lucknow in criminal case No. 117/07 (State of U.P. Versus Durga Charan Tiwari & another)." After arguing the matter 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender 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, and also to prefer a discharge application before the court below and the same may also be directed to 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 observations made by the Hon'ble Apex Court 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 applicants apply for bail, whichever is earlier, they 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 :- 12.2.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench