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2025 DAILYLAW 146448 (ALL)

ASHOK KUMAR TIWARI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5018/2025 · 2025-06-23

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36036 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5018 of 2025 Applicant :- Ashok Kumar Tiwari And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vinay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet no.01/2021, dated 26.10.2022, arising out of Case Crime No.0018/2021, under Sections 504, 506, 408 I.P.C., Police Station Dhanepur, District Gonda along with the first information report No.0018 of 20.01.2021 under Sections 504, 506, 408 I.P.C., Police Station Dhanepur, District Gonda. 3. It is submitted by the learned counsel for the applicants that, in the present case, an F.I.R. was lodged against the present applciants with false allegations that they misappropriated the money received from the sale of tractors through the agency and did not hand over the said amount to the informant. He further submits that the applicants were merely working in the said agency on a wage basis, and all the transactions were being conducted by the informant himself. When pressure was exerted on the informant by the customers, he lodged the present F.I.R. against the applicants. 4. It is also submitted that there is nothing on record to indicate that the applicants misappropriated the money obtained from the sale of the tractors. He further submits that the applicants have now obtained bail from the learned trial court concerned. Therefore, it is prayed that an opportunity for discharge be granted to them, with a direction to the learned trial court to decide the discharge application on the basis of the material available on record. 5. Learned A.G.A. has opposed the aforesaid prayer made by learned counsel for the applicants. 6. On considering the submissions made by learned counsel for the applicants, learned A.G.A. for the State and upon perusal of material on record, this application under Section 482 Cr.P.C. is disposed of with the direction to the applicants to move an application for discharge before the learned trial Court concerned within a period of 30 days from today, which shall be heard and decided by the learned trial Court in accordance with law. (Subhash Chandra Sharma, J) Order Date :- 23.6.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench