RAM SIROMANI TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
NA528/788/2025 · 2025-07-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152274 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152274 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41549 Court No. - 13 Case :- APPLICATION U/S 528 BNSS No. - 788 of 2025 Applicant :- Ram Siromani Tiwari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Dinesh Kumar Mishra,Sachin Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main relief(s):-
"That for the facts, reasons and circumstances stated in the accompanying affidavit it is expedient in the interest of justice that this Hon'ble Court may kindly be pleased to quash and set aside the impugned charge sheet dated 20.11.2024 arising out of case crime No.280/2024, under section-419,420 I.P.C., police station-Raniganj, District-Pratapgarh and further be set aside the cognizance/summoning order dated 23.04.2025 passed by Learned court of A.C.J.M. Court No.13, Pratapgarh in the above said case crime. It is further prayed that entire proceeding of Criminal Case No.438/2025, Sate of U.P. Vs. Ram Siromani, pending in the court of A.C.J.M. Court No.13, Pratapgarh, under section-419,420 I.P.C., in case crime No.280/2024, police station-Raniganj, District pratapgarh, may also be quash and set aside by this Hon'ble court. It is also prayed that during pendency of above case summoning order dated 23.04.2025 and further proceeding of Criminal Case No.438/2025, Sate of U.P. Vs. Ram Siromani, pending in the court of A.C.J.M. Court No.13, Pratapgarh, under section-419,420 I.P.C., in case crime No.280/2024, police station-Raniganj, District Pratapgarh be stayed in the interest of justice." After arguing the matter at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be directed to be decided in view of law laid down by the 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. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
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 applicant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicant to move discharge application before the court below, if the charges have already not been framed, which shall be decided expeditiously in accordance with law. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. It is made clear that in this regard, no further application for extension of time shall be entertained after lapse of 30 days' period. With the aforesaid observations, the present application is disposed of. Order Date :- 21.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench