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2025 DAILYLAW 137680 (ALL)

ABHISHEK TIWARI AND 2 OTHERS v. STATE OF U.P. THRU. ITS SECY. HOME LKO. AND ANOTHER

NA528/416/2025 · 2025-05-12

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27938 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 416 of 2025 Applicant :- Abhishek Tiwari And 2 Others Opposite Party :- State Of U.P. Thru. Its Secy. Home Lko. And Another Counsel for Applicant :- Achleshwar Raj,Digvijay Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Digvijay Singh, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:- " It is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet dated 04.12.2024 in Crime No. 324/2024, Under Section- U/s 115(2), 352, 351 (3) and 117(2) B.N.S.S. at Police Station- Sursa, District - Hardoi, which is annexed as Annexure No.2 to this petition. Through the present petition, the petitioner is also praying for quashing of the summoning order dated 06.03.2025 and other subsequent orders through which summon has been issued against the petitioners in Case Crime No. 324/2024, Under Section- U/s 115(2), 352, 351(3) and 117(2) B.N.S. at Police Station-Sursa, District - Hardoi, "State Versus Aniket and others" pending in the Court of Learned Additional Civil Judge (Junior Division), Court No. 2, Hardoi Under Section-U/s 115(2), 352, 351(3) and 117 (2) B.N.S. at Police Station- Sursa, District Hardoi which is annexed as Annexure No.1 to this petition. Through the present petition, petitioners is also praying before this Hon'ble Court to stay the entire proceedings arising out of Case Crime No. 324/2024, "State Versus Aniket and others" pending in the Court of Learned Additional Civil Judge (Junior Division), Court No. 2, Hardoi Under Section-U/s 115(2), 352, 351(3) and 117(2) B.N.S. at Police Station-Sursa, District Hardoi during the pendency of the present petition. " 3. After arguing the matter 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 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. 4. Learned A.G.A has no objection to the prayer made by learned counsel for the applicants. 5. 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, 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, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, in case there is no other legal impediment. 7. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satender 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. Order Date :- 12.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench