Ravi Tandan and Another v. State of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Deptt. of Home U.P. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11727 of 2024 Applicant :- Ravi Tandan And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Amarjeet Singh,Ashutosh Singh,Umesh Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Chargesheet dated 28.3.2023 filed by the Investigating Officer in F.I.R./Case Crime No.0131/2022 against petitioner No.1 under Section 408, 452, 323, 504, 506 I.P.C. and petitioner No.2 under Section 452, 323, 504, 506 I.P.C., Police Station Indira Nagar, District Lucknow and summoning order dated

7.7.2023, passed by the learned Additional Chief Judicial Magistrate-II, Court No.26, Lucknow in Case No.71624/2023, State vs. Ravi Tandan and another, arising out of F.I.R./Case Crime No.0131/2022 against petitioner No.1 under Section 408, 452, 323, 504, 506 I.P.C. and petitioner No.2 under Section 452, 323, 504, 506 I.P.C., Police Station-Indira Nagar, District-Lucknow, contained in Annexure No. 1 and 2 to this petition. This Hon'ble Court further be please to quash the entire criminal proceeding of Case No.71624/2023, State vs. Ravi Tandan and another, arising out of F.I.R./Case Crime No.0131/2022 against petitioner No.1 under Section 408, 452, 323, 504, 506 I.P.C. and petitioner No.2 under Section 452, 323, 504, 506 I.P.C., Police Station-Indira Nagar, District-Lucknow, which is pending before the learned Additional Chief Judicial Magistrate-II, Court No.26, Lucknow." 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 Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously. Learned AGA has no objection to the prayer made by learned counsel for the applicant. Keeping in view the aforesaid, the present application 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. Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 19.12.2024 ML/- High Court of Judicature at Allahabad, Lucknow Bench