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2025 DAILYLAW 202938 (ALL)

AADITYANAND TIWARI AND ANR. v. STATE OF U.P. AND ANR.

A482/5268/2015 · 2025-11-12

Rajeev Bharti

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 5268 of 2015 Court No. - 23 HON'BLE RAJEEV BHARTI, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The instant application under Section 482 Cr.P.C has been filed with prayer to quash the further proceedings of Criminal Case No.142/2015, initiated in pursuance of Chargesheet No.Nil/2012 dated 23.5.2013 arising out of Crime No.NCR no.297/2012 under Sections 323, 504, 506 I.P.C.,l Police Station Purwa, District Unnao including summoning order dated 9.2.2015 pending in the court of Judicial Magistrate, Purwa, District Unnao. 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 mentioned in the first information report. 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 Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as the offence is punishable for the term upto seven years. Learned A.G.A. 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 as well as keeping in view that as the offence is punishable with the imprisonment for the term which may be less than seven years, it is provided that if the applicant appears before the trial court within two Versus Counsel for Applicant(s) : Prem Shanker Trivedy, Anuj Dayal Counsel for Opposite Party(s) : Govt. Advocate, Desh Mitra Anand Aadityanand Tiwari And Anr. .....Applicant(s) State Of U.P. And Anr. .....Opposite Party(s) weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Arnesh Kumar (supra). The application is disposed of accordingly. November 12, 2025 Shukla A482 No. 5268 of 2015 2 (Rajeev Bharti,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench