NEKLAL AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2716/2025 · 2025-04-04
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129195 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129195 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18834 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2716 of 2025 Applicant :- Neklal And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shyam Sunder Chandra Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard learned counsel for applicants as well as learned Additional Government Advocate for State and perused the material available on record.
2. The present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) has been filed for setting aside the impugned summoning order dated 03.12.2024 passed by learned Additional Civil Judge (Junior Division) Court No. 2 in Criminal Complaint No. 11815 of 2024, under sections 323, 417 and 506 IPC, Police Station Manpur, District Sitapur.
3. Learned counsel for applicants, after arguing at some length submits that grievance of the applicants shall be redressed in case liberty is granted to the them 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.
4. In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, 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 Supreme Court in Satender Kumar Antil's case (supra).
5. The application under Section 482 Cr.P.C. is disposed of accordingly. . (Alok Mathur, J.) Order Date :- 4.4.2025/Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench