SHASHI LATA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. MINISTRY HOME LKO. AND ANOTHER
A482/2051/2025 · 2025-03-07
Om Prakash Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126864 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126864 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14045 Court No. - 30 Case :- APPLICATION U/S 482 No. - 2051 of 2025 Applicant :- Shashi Lata And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Ministry Home Lko. And Another Counsel for Applicant :- Jay Narayan Mishra,Dinesh Kumar Pandey,Govind Kumar,Pramod Kumar,Sandeep Rawat Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.
2. The present application has been filed for the following main relief:-
"To set aside/quash the Chargesheet No. 01 dated 22.06.2023 as well as quashing the impugned summoning order dated 08.09.2023 passed by Chief Judicial Magistrate, Ayodhya arising out Case Crime number- 0208/2023, State vs. Shashi Lata and Another, under sections 308 and 506 of I.P.C. Police Station- Kotwali Ayodhya, District- Ayodhya and as well as the entire proceedings of the above noted case."
3. After arguing at some length, learned counsel for the applicants has submitted that present application may be dismissed as not pressed with liberty to the applicants to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicants.
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 applicants appear before the trial court concerned within two weeks from today and apply for bail, their prayer for bail shall be considered and decided expeditiously in accordance with law.
6. Liberty is also granted to the applicants to move discharge application before the court below within two weeks from today and the same shall be decided expeditiously preferably within a period of two months in accordance with law, by the concerned trial court.
7. With the aforesaid observations, the present application is disposed of. Order Date :- 7.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench