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2025 DAILYLAW 118601 (ALL)

NIJAM AHAMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/548/2025 · 2025-01-22

Karunesh Singh Pawar

body2025

Judgment text

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Court No. - 16 Case :- APPLICATION U/S 482 No. - 548 of 2025 Applicant :- Nijam Ahamad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohammad Aslam Beg 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 quash the proceedings of set-aside the order dated 13-12-2024 passed in Criminal Revision No. 306 of 2024 Nijam Ahamad versus State of U.P and another passed by District and Session Judge Gonda, dismiss the criminal revision filed by petitioner and also set- aside the summoning order dated 25-06-2024 passed in compliant Case No. 14786 of 2023 Naushad versus Nijam and others summon to the petitioner and others under section 451,323,504,506 I.P.C Judicial Magistrate second Gonda. 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 :- 22.1.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench