Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 163958 (ALL)

MOHAN SINGH TAMSOY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7664/2025 · 2025-09-15

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. - 7664 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed to quash the chargesheet No. 131 of 2022, dated 18.05.2022, in Criminal Case No. 2747 of 2022; arising out of Case Crime No. 101 of 2022, under Sections 406, 420 IPC, Police Station Neemgaon, District Lakhimpur Kheri and summoning order dated 29.09.2022 passed by ACJM, court no. 4, Lakhimpur kheri, as well as entire proceedings in pursuance thereof. Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the First Information Report. He added that due to enmity, his name has been planted in the First Information Report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below. 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 Versus Counsel for Applicant(s) : Pankaj Kumar Gupta Counsel for Opposite Party(s) : G.A. Mohan Singh Tamsoy .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) and another (2022)10 SCC 51. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 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). 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 him, 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. The application is disposed of accordingly. September 15, 2025 kkv/ A482 No. 7664 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench