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2025 DAILYLAW 124772 (ALL)

SAVITRI DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1689/2025 · 2025-03-05

Saurabh Lavania

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13283 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1689 of 2025 Applicant :- Savitri Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anupam Bajpai,Pawan Kumar Dwivedi,Rakesh Kumar Mishra 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:- "Wherefore, it is most respectfully prayed that this Hon'ble court my kindly be pleased to quash the impugned summoning order dated 20.12.2024 issued by sessions Judge, Barabanki in sessions case no.487/2024, State vs. Satish Chandra alias chhotey & others, arising out of case crime 577/2023 u/s 34,323, 504,506,307, and 325 Oath Commissioner I.P. C, P. S.Mohammad our Khala, District-Barabanki alongwith entire criminal proceedings of the aforesaid case pending before the learned court below, as contained in Annesure no.1 to this petition in the interest of justics,only in respect of petitioner." 3. After considering the facts of the case including the statements of injured witnesses namely Sarita- P.W.1 and Ravindra Pal-P.W.2 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 dismissed 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 :- 5.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench