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2025 DAILYLAW 120428 (ALL)

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

A482/878/2025 · 2025-02-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8390 Court No. - 12 Case :- APPLICATION U/S 482 No. - 878 of 2025 Applicant :- Nijamuddin And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicants for the following main reliefs:- "present petition under section 482 Cr.P.C/528 BNSS of 2023 is being filed for Quashing of Entire Proceeding and Challenging the summoning order dated 16.03.2023 passed by The Additional District & Section Judge/ Special Judge SC/ST Act Shravasti, in Final Report No.190/2019 (Smt. Shusheela Vs Samiulla and other) Session Case No. 114/2023, relating to the Police Station-Malhipur, District, Shrawasti by which the Learned Court has rejected the Final Report sent by the Police Station concerned and summoned the Petitioners, U/S 376(2) (g) I.P.C and Sectio-3(2)(V), SC/ST Act for facing Trail In most illegal and arbitrary manner. A certified copy of the summoning order dated 16.03.2023 is being annexed here with as ANNEXURE NO.1 to this petition, in the interest of justice." 3. After arguing the matter at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be directed to be decided in view of law laid down by 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, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 5. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. Order Date :- 10.2.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench