MUKESH KUMAR @ MUKESH BARI AND 3 OTHERS v. STATE OF THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/2131/2025 · 2025-03-07
Om Prakash Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127175 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127175 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13984 Court No. - 30 Case :- APPLICATION U/S 482 No. - 2131 of 2025 Applicant :- Mukesh Kumar @ Mukesh Bari And 3 Others Opposite Party :- State Of Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Pankaj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. Heard learned counsel for applicants as well as learned Additional Government Advocate for State. The present application under Section 482 Cr.P.C. has been filed to quash the impugned charge sheet dated 05.08.2022 and impugned summoning order dated 06.02.2023 passed by learned Judicial Magistrate, Court No.1, Lakhimpur Kheri in Case No.594/2024, Crime No.412/2022, under Sections 323, 504, 506, 427, 336, 452 I.P.C., Police Station Dhaurahra, District Lakhimpur Kheri as well as entire criminal proceedings in pursuance thereof.
Learned counsel for applicants, after arguing for some time, submits that present application 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 instant application is dismissed as not pressed. However, it is provided that in case the applicants appear before the trial court within two weeks from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Hon'ble the Supreme Court of India in the case of Satender Kumar Antil's case (supra). (Om Prakash Shukla,J.)
Order Date :- 7.3.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench