SHIV SHANKAR AND 4 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
A482/742/2025 · 2025-01-28
Om Prakash Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119906 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119906 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5321 Court No. - 30 Case :- APPLICATION U/S 482 No. - 742 of 2025 Applicant :- Shiv Shankar And 4 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Hom Narayan Awasthi Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.
1. Heard Shri Hom Narayan Awasthi, learned counsel for the applicants and Shri Girjesh Dwivedi, learned A.G.A. for the State and perused the material placed on record.
2. This application has been filed on behalf of the applicants seeking setting aside the impugned revisional order dated 09.07.2024 passed by the 4th Additional Session Judge, Bahraich in Criminal Revision No.273/2023 (Shiv Shankar and Others vs. State of U.P. & Others) and also set-aside the summoning order dated 10.10.2023 passed by the Civil Judge (J.D.)/ J.M. Bahraich in Case No.2290/2022 (Shatrohan Lal vs. Shiv Shankar and Others) under Section 323, 504, 506 and 452 I.P.C, Police Station-Khairighat, District-Bahraich.
3. Learned counsel for applicants, after arguing for some time, submits that present application 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 order is refused. So far as other prayer is concerned, it is provided that in case the applicants appear 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).
5. The application is disposed of accordingly. [Om Prakash Shukla, J.] Order Date :- 28.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench