Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 158969 (ALL)

VARUN TIWARI @ VARUN KUMAR TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF/ PRIN. SECY. HOME LKO. AND ANOTHER

A482/6928/2025 · 2025-08-25

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6928 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, 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 criminal proceedings/chargesheet of Criminal Misc. Case no.27273/23 (State vs Diya Verma @ Babita and another) under section 384/501/506 IPC and 66(E)/67(A),Police station- Vibhuti Khand, District-Lucknow, Uttar Pradesh, and Summoning/notice order dated 20.03.2023 passed by learned Special Chief Judicial Magistrate, Lucknow District-Lucknow, in respect to the petitioners. It is further prayed that the effect and operation of the impugned Criminal Misc. Case no.27273/23 (State vs Diya Verma @ Babita and another) under section 384/501/506 IPC and 66(E)/67(A),Police station-Vibhuti Khand District-Lucknow, Uttar Pradesh, and Summoning/notice order dated 20.03.2023 passed by learned Special Chief Judicial Magistrate, Lucknow District-Lucknow, may kindly be stayed during the pendency of the present petition, in the interest of justice." 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been Versus Counsel for Applicant(s) : Anuj Mishra, Ashish Sharma Counsel for Opposite Party(s) : G.A. Varun Tiwari @ Varun Kumar Tiwari .....Applicant(s) State Of U.P. Thru. Addl. Chief/ Prin. Secy. Home Lko. And Another .....Opposite Party(s) mentioned in the first information report. 4. At this stage, learned counsel for the applicant 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 applicant. 6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). 7. The application is disposed off accordingly. August 25, 2025 Mohd. Sharif A482 No. 6928 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench