AMIT TIWARI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
/863/2025 · 2025-08-05
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[ 2025 DAILYLAW 154429 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154429 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45534 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 863 of 2025 Applicant :- Amit Tiwari And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Punit Kumar Shukla,Priyanka Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Case no. 2926/2025, Crime no. 564/2024, U/s 115 (2), 351 (2), 352 B.N.S., Police Station - Beniganj District: Hardoi styled as State.......Vs... Chhote Lal and others as well as impugned Summoning order dated 24.1.2025 passed by Additional Chief Judicial Magistrate, Court no. 1, Hardoi and Charge sheet no. 564/2024 dated 16.12.2024 as contained in Annexure no. 1 and 2 to this petition."
3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report.
4. At this stage, learned counsel for the applicants submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's
judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.
5. Learned A.G.A. has no objection to the prayer made by
learned counsel for the applicants.
6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of
law laid down in the case of Satender Kumar Antil (supra).
7. Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.
8. The application is disposed off accordingly.
Order Date :- 5.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench