Dinesh Kumar @ Dinesh Kumar Chaturvedi @ Annu v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11722 of 2024 Applicant :- Dinesh Kumar @ Dinesh Kumar Chaturvedi @ Annu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Geeta Mishra,Manoj Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.

¶1Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

¶2The present application U/s 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant for the following main reliefs:- "to quashed the impugned summoning order dated 25.10.2024 passed by court of Chief Judicial Magistrate District Gonda in case No. 32557/2024 (State Vs. Dinesh Kumar Chaturvedi as well as charge sheet No. 2 dated 23.09.2024 arising out of crime No. 0082/2022 under section-419, 420 405 I.P.C registered at police station Kotwali Nagar District Gonda only for petitioners contained as Annexure No. 1 & 2 to this petition in the interest of justice."

¶3After 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.

¶4Learned AGA has no objection to the prayer made by learned counsel for the applicant.

¶5Keeping 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.

¶6Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

¶7Taking note of the facts of the case and also the observations 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 19.12.2024 Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench