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2025 DAILYLAW 94937 (ALL)

KAMTA TIWARI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/30567/2024 · 2025-03-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38051 Court No. - 74 Case :- APPLICATION U/S 482 No. - 30567 of 2024 Applicant :- Kamta Tiwari And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the charge-sheet no.18 of 2024 dated 22.01.2024 and cognizance taking order dated 05.07.2024 in Case No.12385 of 2024 (State vs. Kamta Tiwari and Others) arising out of Case Crime No.381 of 2023, under sections 3/4 Prevention of Damages to Public Property Act, 1984, P.S. Gazipur, District Fatehpur, pending in the court of learned Additional Chief Judicial Magistrate, Court No.3, Fatehpur as well as to stay the further proceedings of abovementioned case. 3. At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for the respondents have no objection. 4. In view of the aforesaid, the instant application under section 482 Cr.P.C. is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of one month from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law. 5. However, it is made clear that till one month from today, no coercive action shall be taken against the applicants herein. Order Date :- 18.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad