Allahabad High Court
Ratnesh Kumar Tiwari vs State Of U.P. And Another on 27 October, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:187594
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 27171 of 2021
Ratnesh Kumar Tiwari
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Avnish Kumar Shukla, Rajesh Kumar Mishra, Savita Pathak
Counsel for Opposite Party(s)
:
G.A., Hare Ram, Vikas Srivastava
Court No. - 74
HON'BLE DEEPAK VERMA, J.
Order on Criminal Misc. Delay Condonation Application No. 6 of 2024
1. Heard learned counsel for the applicant, Sri Hare Ram, learned counsel for opposite party no. 2 and learned A.G.A. for the State and perused the record.
2. The grounds taken in the delay condonation application are sufficient.
3. This application is allowed.
4. Delay in filing the recall/restoration application is condoned.
Order on Criminal Misc. Recall/Restoration Application No. 07 of 2024
1. Cause shown in the affidavit is sufficient. This application is allowed.
2. The order dated 24.05.2024 passed by this Court is hereby recalled.
3. Office is directed to restore the present 482 Cr.P.C. application to its original number.
Order on Application U/S 482 Cr.P.C.
1. Heard learned counsel for the applicant, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 09.11.2021 passed by the Additional Chief Judicial Magistrate, Court No. 2, Allahabad as well as the entire proceeding of Case No. 751 of 2020 (State Vs. Ratnesh Kumar Tiwari), arising out of Case Crime No. 0526 of 2019, under Sections 419, 420, 406 I.P.C., Police Station- Naini, District- Prayagraj, pending in the court of A.C.J.M.-II, Allahabad.
3. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. The allegation alleged in the F.I.R. is false, baseless and not supported by any evidence. The I.O. without collecting material evidence, in very hasty manner, submitted charge sheet under the aforesaid sections and the learned Magistrate without applying judicial mind took cognizance and issued summons against the applicant. It is next submitted that proceedings under Sections 420 and 406 I.P.C. cannot run jointly in view of the judgment of Apex Court in Delhi Race Club (1940) Ltd. vs. The State of Uttar Pradesh & Anr., 2024 SCC OnLine SC 2248.
4. Per contra, learned A.G.A. vehemently opposed the submission raised by the counsel for the applicant and submitted that the submissions raised by the counsel for the applicant are disputed question of facts which cannot be considered, at this stage. On perusal of F.I.R. and other material evidence collected by the I.O., prima facie, offence is made out against the applicant.
5. Considering the argument raised by counsel for the applicant and perused the record. Since the trial court took cognizance and issued summon against the applicant under Sections 420 and 406 I.P.C. jointly, in view of judgment of Hon. Apex Court in the case of Delhi Race Club (supra), both proceedings cannot run simultaneously.
6. In view of the aforesaid judgement of Apex Court in Delhi Race Club (supra), the application is disposed of with direction that if the applicant moves discharge application within a period of three weeks from today, it is expected that the court concerned will consider and decide the same expeditiously within a period of four weeks, in accordance with law.
7. Till then no coercive action shall be taken against the applicant in the aforesaid case.
(Deepak Verma,J.)
October 27, 2025
Aditya
