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2025 DAILYLAW 117974 (ALL)

RAJPAL YADAV and ANR. v. STATE OF U.P. and ANR.

A482/5836/2018 · 2025-08-29

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 5836 of 2018 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard Sri Rajat Pratap Singh, learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been preferred seeking following main relief(s):- "Wherefore, it is most humble prayed that this Hon'ble Court may kindly be pleased to quashed the impugned summoning order dated 18.08.2018 which is passed in Special Complaint Case No.296/2018 bearing name Smt. Suneeta v/s Rajpal & another, under section-376(D), 506 I.P.C and 3 (2 (5) SC/ST Act, Police Station- Bilgram, District- Hardoi by Addl. Sessions Judge, Second/ Special Sessions Judge/ SC/ST Act, District- Hardoi, in the interest of justice. It is further prayed that the further proceeding in pursuance to the impugned summoning order dated 18.08.2018 which is passed in Special Complaint Case No.296/2018 bearing name Smt. Suneeta v/s Rajpal & another, under section- 376(D), 506 I.P.C and 3 (2 (5) SC/ST Act, Police Station-Bilgram, District- Hardoi by Addl. Sessions Judge, Second/ Special Sessions Judge/ SC/ST Act, District-Hardoi, in the interest of justice." At the very outset, learned counsel for the applicants has submitted that he does not want to press the instant application and it may accordingly be dismissed as not pressed. However, liberty may be given to the applicants to file bail application/anticipatory bail application before the court concerned Versus Counsel for Applicant(s) : Jaleel Ahmad, Rajat Pratap Singh Counsel for Opposite Party(s) : Govt. Advocate, Rakesh Dwivedi Rajpal Yadav And Anr. .....Applicant(s) State Of U.P. And Anr. .....Opposite Party(s) in view of law laid down by the Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116. Learned AGA has no objection to the prayer made by learned counsel for the applicants. In view of the aforesaid, the present application is consigned to record. August 29, 2025 Arun/- A482 No. 5836 of 2018 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench