SANJAY KUMAR TIWARI @ SANJAY TIWARI AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/3338/2025 · 2025-04-21
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134344 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134344 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:22299 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3338 of 2025 Applicant :- Sanjay Kumar Tiwari @ Sanjay Tiwari And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Brijendra Mani Pandey,Prem Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.
2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicants with the following main prayers:-
"Wherefore it is most humble prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Criminal Case No. 4654 of 2023 (StateVersus Sanjay Tiwari & Others), arising out of Case Crime No. 0296 of 2023, Under Section 323, 504, 506, 34 I.P.C. Relating to Police Station- Kotwali Dehat, District-Sultanpur, pending in the court of Addl. Chief Judicial Magistrate, Court No.17, District- Sultanpur as well as impugned cognizance order dated-27.10.2023 as well as Charge Sheet dated-24.09.2023 in the interest of justice. It is further prayed that the further proceeding in pursuance to the impugned Cognizance order dated- 27.10.2023arising out in case crime no.0296/2023, Under Section-323, 504, 506, 34.2. I.P.C. relating to Police Station-KotwaliDehat, District-Sultanpur, Criminal Case No. 4654 of 2023 (State Versus Sanjay Tiwari& Others), which is passed by the court of Addl. Chief Judicial Magistrate, Court No.17, District- Sultanpur, may be stayed during the pendency of this application Under Section-482 Cr.P.C. Now 528 B.N.S.S.before this Hon'ble Court."
3. 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 and 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 applicants.
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 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.
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, if there is no any other legal impediment.
7. 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 21.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench