MANGALA RAJPOOT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
A482/1381/2025 · 2025-02-13
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123413 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123413 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9241 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1381 of 2025 Applicant :- Mangala Rajpoot Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Raj Narain Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned AGA for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. By this petition, the petitioner has prayed for quashing of the impugned summoning order dated 10/09/2024, whereby applicant has been summoned, annexed as Annexure No. 1 and consequent criminal proceedings drawn against the Applicants in Session Case No. 2265 of 2024, case styled as Arun Rajpoot Vs. Azad Rajpoot and other U/s 354, of L.P.C and 16/17 of Pocso Act (Arising out of Application U/s 156(3) of Cr.P.C) pending in the Court of Learned Additional District Judge/Special Judge Pocso Court, Lucknow. Perused the record. A perusal of the complaint as well as statements of the complainant as well as witnesses recorded under Section 200 and 202 Cr.P.C., prima facie commission of cognizable offence is made out. The allegations made by the complainant are serious. There appears to be no illegality in the impugned order which has been passed assigning elaborate reasons. The petition is devoid of merits and is accordingly dismissed.
At this stage, learned counsel for petitioner prays that he may be permitted to file a bail application which may be directed to 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". In view of the above, 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 :- 13.2.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench