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2025 DAILYLAW 123989 (ALL)

RAJENDRA PRASAD PANDEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/1442/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13068 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1442 of 2025 Applicant :- Rajendra Prasad Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Himanshu Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant for the following main reliefs:- "It is wherefore, prayed that this Hon'ble Court may be pleased to quash/set-aside the impugned summoning order dated 05.04.2023 passed by Additional Sessions Judge Court No.7, Sultanpur in Session Trial No. 355 of 2012 "State Vs. Vinod Kumar and others" arising out of case crime no. 5A of 2011, under section 147, 148, 325, 308, 504 & 506 of IPC, Police Station - Munshiganj, District - C.S.M. Nagar, now District -Amethi, date fixed as 20.02.2025, as contained in Annexure No.1 to this petition, the interest of justice. It is further prayed that the this Hon'ble Court may kindly be pleased to stay the entire proceeding of Session Trial No. 355 of 2012 "State Vs. Vinod Kumar and others" arising out of case crime no. 5A of 2011, under section 147, 148, 325, 308, 504 & 506 of IPC, Police Station - Munshiganj, District - C.S.M. Nagar, now District -Amethi, date fixed as 20.02.2025, pending before the court of learned Additional Sessions Judge Court No.7, Sultanpur, in the interest of justice." 3. After considering the facts of the case including the statements of injured witnesses namely Shivjeevan - P.W.1, Jagdish Prasad -P.W.2 and Rajram- P.W.3 and the law related to considering the statement of injured witness as also the observations of Hon'ble Apex Court in various pronouncements related to summoning of accused in exercise of power under Section 319 Cr.P.C. including in the case of Manjeet Singh Vs. State of Haryana & others, reported in (2021) 18 SCC 321 as also in the latest judgment in the case of Omi @ Omkar Rathore & another Vs. The State of Madhya Pradesh & another passed in Special Leave Petition (Crl.) No(s). 17781 of 2024, on being confronted, learned counsel for the applicant says that he does not want to press the present petition and the same may be dismissed with liberty to the applicant 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 expeditiously. 4. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 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 applicant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. Order Date :- 4.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench