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2025 DAILYLAW 126429 (ALL)

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

A482/1942/2025 · 2025-03-04

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13042 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1942 of 2025 Applicant :- Maikulal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Anil Kumar Awasthi Counsel for Opposite Party :- G.A.,Narendra Gupta Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for petitioner as well as learned Additional Government Advocate for State as well as Shri Narendra Gupta, learned Advocate who has filed vakalatnama which is taken on record. The present petition has been filed to quash/set-aside the impugned summoning order dated 23.12.2024 passed by Judicial Magistrate/Additional Civil Judge (J.D.), Court No.2, Sitapur against the Petitioner, in Crl. Complaint/C.I.S. No.46352/2023 (Sakina V/s Maikulal), Under Sections- 384, 504 IPC relating to Police Station -Rampur Kalan District-Sitapur, pending in the court learned Judicial Magistrate/Additional Civil Judge (J.D.), Court No.2, Learned counsel for petitioner, after arguing for some time, submits that present petition may be dismissed as not pressed with 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, the petition is dismissed as not pressed. However, 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 :- 4.3.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench