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2025 DAILYLAW 116994 (ALL)

SATYA PRAKASH AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/310/2025 · 2025-01-16

Karunesh Singh Pawar

body2025

Judgment text

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Court No. - 16 Case :- APPLICATION U/S 482 No. - 310 of 2025 Applicant :- Satya Prakash And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Kaushal Kishore Tewari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for petitioners as well as learned Additional Government Advocate for State. The present 482 Cr.P.C. petition has been filed to quash the impugned order set aside the order dated 06-08-2024 whereby the applicants have been summoned by the Learned Additional Chief Judicial Magistrate, Court No.-02, Hardoi in Complaint Case no- 834 of 2022 u/s 452/427/323/504 I.P.C., P.S. Atrauli, District Hardoi. Learned counsel for petitioners, 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, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the petitioners namely Satya Prakash, Alopi Prasad, Vivek, Shivam and Bechalal appear before the trial court within two weeks from today and apply 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). The petition is disposed of accordingly. Order Date :- 16.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench