Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 142461 (ALL)

UTKARSH TRIPATHI @ UTKARSH TIWARI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/4536/2025 · 2025-05-28

Manish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:32220 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4536 of 2025 Applicant :- Utkarsh Tripathi @ Utkarsh Tiwari And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Vyomesh Chandra Shukla,Manish Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Manish Kumar, 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:- " For the facts, reasons and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the summoning/cognizance order dated. 02.08.2023 passed by ACJM III court no. 19 Sultanpur in case Crime No. 0247/2021 dated. 19.11.2021 U/s 323,504,506,427,308,324 of 1.P.C. P.S. Dostpur, District- Sultanpur as well as the chargesheet dated. 13.01.2022 and entire proceedings in arising out of above noted case crime number. It is further prayed that this Hon'ble court may kindly please to stay the further proceedings of the case Crime No. 0247/2021 dated. 19.11.2021 U/s 323,504,506,427,308,324 of I.P.C. P.S. Dostpur, District- Sultanpur, pending before the ACJM III COURT NO. 19 Sultanpur in the interest of justice." 3. 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. 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 applies for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law. 6. 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 :- 28.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench