MAHATO @ MAHATO PRASAD AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1091/2025 · 2025-02-06
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121053 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121053 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7578 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1091 of 2025 Applicant :- Mahato @ Mahato Prasad And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants and learned A.G.A. for respondent State.
Learned counsel for the applicants submits that the impugned proceedings are abuse of process of law as the same has been lodged as a counterblast after about one year and three months from the date of filing of First Information Report by applicant no.3 against the husband of respondent no.2, which was registered as FIR No.0123 under Section 323, 504, 452, 308 and 506 Indian penal Code Police Station Gangaghat, District Unnao regarding the same incident as alleged in the FIR without explanation of delay of more than one year. Perused the record. Perusal of the record shows that in paragraph 6 of the complaint it is averred that on 2.4.2021 the complainant approached the higher authorities when the FIR of the complainant was not lodged by the concerned Police Station. In paragraph 3 there is a specific pleading that the injured Raju was examined in Government Hospital Unnao on 30.3.2021 therefore, prima facie it appears that regarding the incident which took place on 30.3.2021 cross cases have been filed. It cannot be said at this stage that these proceedings are abuse of process of law. In view of the above, I am not inclined to entertain the application However, at this stage, learned counsel for the applicants prays that he may be granted liberty to file a regular bail application and the same may be directed to be decided by the learned court below in view of the law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation
and another Special Leave to Appeal (Cri)No.5191 of 2021. The application is disposed of with liberty to the applicants to file regular bail application. It is provided that in case, the applicants file a regular bail application within a period of fifteen days' from today, the same shall be considered and decided in view of the law laid down by Supreme Court in the case of Satender Kumar Antil (supra)
Order Date :- 6.2.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench