JANARDAN TIWARI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/3860/2025 · 2025-05-21
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138737 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138737 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:29971 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3860 of 2025 Applicant :- Janardan Tiwari And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Sri Gauri Suwan Pandey, learned Advocate has filed Vakalatnama on behalf of Respondent No.2, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for Respondent No.2 and learned AGA for the State as well as perused the record. 3. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet No. 01 of 2017 dated 16.9.2017 under section 304A IPC arising out of case Crime No. 81 of 2017 related with Police station Vibhuti Khand, District Lucknow, and summoning order dated 28.9.2019 passed by the Additional Chief Judicial Magistrate- II, Lucknow, including entire proceeding of Criminal Case No. 77629 of 2019 "State Versus Ajay Tiwari & others" under section 304A IPC, police Station- Vibhuti Khand, District- Lucknow, pending in the court of Additional Chief Judicial Magistrate-II, Lucknow., as contained in Annexure No. 1&2 respectively to this writ petition, so far as it relates to the Petitioners. "
4. 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 Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 as also to prefer a discharge application before the court below and the
same may be decided expeditiously. 5. Learned counsel for the respondent have no objection to the prayer made by learned counsel for the applicant. 6.
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 applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. 7. 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 other legal impediment. 8. 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. 9. With the aforesaid observations, the present application, is
disposed of.
Order Date :- 21.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench