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2025 DAILYLAW 122891 (ALL)

MAHENDRA KUMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER

A482/1288/2025 · 2025-03-05

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13457 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1288 of 2025 Applicant :- Mahendra Kumar Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Bhupendra Veer Singh,Aman Bahadur,Siddhant Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. This petition has been filed for quashing of the criminal complaint pending before the court of Additional Chief Judicial Magistrate, Court No.5, Lakhimpur Kheri as Criminal Case No.978/2024 under Sections 506, 406 IPC, P.S. Sampurnanagar, Distt. Lakhimpur Kheri. In compliance of the order dated 11.02.2025 passed by this Court, the respondent no.2-Chandan Kumar is present before this Court who has refused to go before the mediation centre of this Court. Perused the record. A perusal of the complaint as well as the statement of the complainant and the witnesses under Section 202 Cr.P.C. prima facie make out commission of cognizable offence. There appears to be no illegality in the impugned summoning order and hence, the petition being devoid of merits is accordingly dismissed. At this stage, learned counsel for petitioner prays that he may be given 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. In view of the above, it is provided that in case the petitioner appears 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). Order Date :- 5.3.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench