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2025 DAILYLAW 108158 (ALL)

RAKESH ALIAS RAKESH CHANDRA AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

A482/42147/2024 · 2025-07-15

Deepak Verma

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:114431 Court No. - 72 Case :- APPLICATION U/S 482 No. - 42147 of 2024 Applicant :- Rakesh Alias Rakesh Chandra And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 21.09.2024 passed by the Civil Judge (Senior Division), Fast Track Court/Additional Chief Judicial Magistrate, Pilibhit and charge-sheet dated 02.03.2024 as well as the entire proceedings of Criminal Case No. 285 of 2024 (State Vs. Rakesh & others), arising out of Case Crime No. 57 of 2024, under section 147, 148, 352, 323 IPC, Police Station- Neoria, District- Pilibhit, pending in the Court of Civil Judge (Senior Division), Fast Track Court/Additional Chief Judicial Magistrate, Pilibhit. 3. On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously. 4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants. 5. Accordingly, the relief as sought by the applicants through this application is refused. 6. Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 8. With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 16.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad