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2025 DAILYLAW 128116 (ALL)

CHANDRA SHEKHAR UPADHYAY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/3224/2025 · 2025-04-16

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21464 Court No. - 19 Case :- APPLICATION U/S 482 No. - 3224 of 2025 Applicant :- Chandra Shekhar Upadhyay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Rakesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 10.01.2023 passed by the Civil Judge/Judicial Magistrate, Kadipur, District Sultanpur in Criminal Case No.5139 of 2024 as well as Charge Sheet No.01 of 2022 dated 05.11.20202 arising out of Case Crime No.508 of 2022, under Sections 323, 504, 506 and 452 I.P.C., P.S.Kadipur, District Sultanpur. 3. After some arguments, learned counsel for the applicant has made a statement at the Bar that he does not want to press other prayers made in the prayer clause of the application and has confined his prayer only to the extent that the applicant is ready to surrender before the Trial Court and in case, applicant files an application for bail, his bail application may be considered and disposed of in view of the law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773. 4. Per contra, learned A.G.A. has opposed the prayer. 5. In view of the above statement, it is directed that in case applicant appears before the Trial Court within 30 days from today and applies for bail, his bail application shall be considered and disposed off in view of law laid down by the Apex Court in the case of Satender Kumar Antil (supra) after hearing both the parties. 6. For a period of 30 days from today or till the applicant surrenders and move such an application for bail, whichever is earlier, no coercive measure shall be taken against the applicant in the aforesaid case. 7. With the aforesaid observations, the application u/s 482 Cr.P.C. is disposed off. Order Date :- 16.4.2025 S.Sharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad, Lucknow Bench