MOHD. SULTAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
/123/2025 · 2025-01-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113983 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113983 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1708 Court No. - 16 Case :- APPLICATION U/S 482 No. - 123 of 2025 Applicant :- Mohd. Sultan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Prabhat Kumar,Lakshmana Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for petitioner as well as learned Additional Government Advocate for State. The present petition has been filed to set aside the order of N.B.W.dated 22.11.2024 &6.12.2024(contained as Annexure No.1 to this petition) passed by the Upper Chief Judicial Magistrate court no.48 Barabanki in Complaint Case No.3332/2023, Rakesh Kumar Sharma versus Mohd. Sultan, under section 138 of Negotiable Instrument Act, Police Station Kotwali Nagar, District Barabanki.
Learned counsel for petitioner, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" to which learned A.G.A. has no objection. In view of the above, the petition is dismissed as not pressed. However, it is provided that in case the petitioner appears before the trial court within two weeks from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
Order Date :- 9.1.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench