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2025 DAILYLAW 103341 (ALL)

SATISH YADAV ALIAS BABLOO AND 4 OTHERS v. State of U.P. AND ANOTHER

A482/33808/2024 · 2025-09-17

Nand Prabha Shukla

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 33808 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed with a prayer to allow the present application and quash the summoning order dated 20.07.2019 as well as NBW order dated 15.07.2024 passed by the Judicial Magistrate, 1st, District-Gorakhpur in Complaint Case No. 73/2016 (Soni v. Satish) under Sections 147, 354, 452, 504, 506 IPC, PS Tiwaripur, District- Gorakhpur. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicant is refused. However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant applies for bail before the concerned Versus Counsel for Applicant(s) : Abhay Pratap Singh, Krishna Anand, Rajendra Prasad Shukla, Rishabh Shukla Counsel for Opposite Party(s) : G.A. Satish Yadav Alias Babloo And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, no coercive measures shall be taken against the applicant. With the above observations, this application under Section 482 Cr.P.C. is disposed of. September 18, 2025 Aditya Tripathi A482 No. 33808 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad