ALAUDADIN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER
A482/595/2025 · 2025-01-23
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119242 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119242 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4560 Court No. - 16 Case :- APPLICATION U/S 482 No. - 595 of 2025 Applicant :- Alaudadin And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for petitioners as well as learned Additional Government Advocate for State.
2. The present 482 Cr.P.C. petition has been filed to quash the impugned order dated 26.08.2017 passed by Judicial Magistrate-I, Gonda in Complaint Case No.167/2016, under Sections 323, 379, 452, 504 IPC, Police Station Dhanepur, District Gonda by which the learned court has summoned the petitioners and vide order dated 11.12.2024 Non-bailable Warrants/82/83 Cr.P.C. have been issued.
3. 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.
4. 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 Alaudadin & Saddam appear before the trial court within three 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).
5. The petition is disposed of accordingly. Order Date :- 23.1.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench