Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 116254 (ALL)

PANKAJ KUMAR @ PRABHAT v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/280/2025 · 2025-01-15

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:2396 Court No. - 16 Case :- APPLICATION U/S 482 No. - 280 of 2025 Applicant :- Pankaj Kumar @ Prabhat Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Manoj Kumar Mishra,Anubhav Awasthi,Arpit Dwivedi,Vinayak Tiwari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for petitioner as well as learned Additional Government Advocate for the State. 2. In view of the proposed order being passed, notices to respondent Nos.2 & 3 is dispensed with. 3. The present 482 Cr.P.C. petition has been filed to quash the impugned summoning order dated 13.05.2024 in Complaint Case No.1331 of 2023 arising out of application dated 13.06.2023 moved under Section 156(3) Cr.P.C. before the Civil Judge (Junior Division) Judicial Magistrate, ACJM, District-Barabanki, under Section 406 IPC, Police Station Dewa, District Barabanki and further proceedings of the case in pursuance thereof. 4. Perused the record. 5. From perusal of the complaint as well as the impugned summoning order prima facie commission of cognizable offence is made out, there appears to be no illegality in the impugned summoning order thus, the petition is devoid of merits and is accordingly dismissed. 6. At this stage, learned counsel for petitioner prays that he may be permitted to move 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. 7. In view of the above, 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 :- 15.1.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench