State of U.P v. Ram Prakash Tiwari and others), arising out of impugned charge
Case Details
Acts & Sections
Cited in this judgment
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.
2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:- "to set aside/ quash the entire proceedings of Criminal Case No.1393/2025 (State of U.P. Versus Ram Prakash Tiwari and others), arising out of impugned charge-sheet No.26, dated 16.08.2023 submitted by the investigating officer in Case Crime / F.I.R. No.0042/2022, Under Section - 419, 420, 406, 323 & 504 I.P.C. pertaining to Police Station - Mahila Thana, District - Raebaeli as well as impugned cognizance / summoning order dated 20.01.2025 passed by the court of learned First Additional Civil Judge (Junior Division / Judicial Magistrate, Raebareli) by which the applicants/ petitioners have been summoned for facing the trial under the aforesaid sections, as contained in Annexure No.1 & 2 respectively to this petition, in the interest of justice."
3. After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 as also to prefer a discharge application before the court below and the same may be decided expeditiously.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
5. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.
6. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously, if there is no any other legal impediment.
7. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.
8. With the aforesaid observations, the present application, is disposed of. Order Date :- 27.3.2025 S. Kumar
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.
2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:- "to set aside/ quash the entire proceedings of Criminal Case No.1393/2025 (State of U.P. Versus Ram Prakash Tiwari and others), arising out of impugned charge-sheet No.26, dated 16.08.2023 submitted by the investigating officer in Case Crime / F.I.R. No.0042/2022, Under Section - 419, 420, 406, 323 & 504 I.P.C. pertaining to Police Station - Mahila Thana, District - Raebaeli as well as impugned cognizance / summoning order dated 20.01.2025 passed by the court of learned First Additional Civil Judge (Junior Division / Judicial Magistrate, Raebareli) by which the applicants/ petitioners have been summoned for facing the trial under the aforesaid sections, as contained in Annexure No.1 & 2 respectively to this petition, in the interest of justice."
3. After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 as also to prefer a discharge application before the court below and the same may be decided expeditiously.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
5. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.
6. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously, if there is no any other legal impediment.
7. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.
8. With the aforesaid observations, the present application, is disposed of. Order Date :- 27.3.2025 S. Kumar