CHETRAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
A482/821/2025 · 2025-01-29
Om Prakash Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120470 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120470 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5927 Court No. - 30 Case :- APPLICATION U/S 482 No. - 821 of 2025 Applicant :- Chetram And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sumit Chauhan Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the applicants and 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 against the summoning order dated 03.12.2024 vide Complaint Case No.177/2023; Saroj Kumari vs. Chetram and Another, arising out of Complaint Case No.177/2023 under Section 354 of I.P.C. and Section 9(g)/10 of POCSO Act, registered at Police Station-Motipur, District-Bahraich against the applicants.
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 :- 29.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench