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2025 DAILYLAW 127338 (ALL)

CHANDRA MANI YADAV AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/184/2025 · 2025-03-07

Om Prakash Shukla

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Neutral Citation No. - 2025:AHC-LKO:14096 Court No. - 30 Case :- APPLICATION U/S 528 BNSS No. - 184 of 2025 Applicant :- Chandra Mani Yadav And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mulayam Singh Yadav 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 has been filed to quash the impugned summoning order dated 04.11.2024 passed by learned Additional Chief Judicial Magistrate, Court No.1, Gonda in Criminal Case No.35299/2024, arising out of Case Crime No.0383 of 2024, under Sections 115(2), 352, 351(2), 125, 110, 117(2) B.N.S., Police Station Mankapur, District Gonda as well as to quash 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