DEVI PRASAD SHUKLA AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/2509/2025 · 2025-04-04
Alok Mathur
body2025
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[ 2025 DAILYLAW 129519 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 129519 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18713 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2509 of 2025 Applicant :- Devi Prasad Shukla And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ashok Kumar Srivastava,Avinash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard learned counsel for petitioners as well as learned Additional Government Advocate for State.
2. The present 482 Cr.P.C. petition has been filed to quash the proceedings initiated against the petitioners in Criminal Complaint Case No.2887 of 2022 pending before learned Additional Chief Judicial Magistrate, Kunda, District Pratapgarh relating to Police station Maheshganj, District Pratapgarh, the revisional order dated 16.12.2024 passed in Criminal Revision No.97 of 2023 as well as summoning order dated 18.4.2023 passed by Additional Chief Judicial Magistrate, Kunda, District Pratapgarh under Sections- 147, 323, 504, 506 and 452 of IPC
3. Learned counsel for petitioners, after arguing for some time, submits that present petition 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.
4. In view of the above, prayer for quashing the impugned proceedings is refused. So far as other prayer is concerned, it is provided that in case the petitioners, namely, Devi Prasad Shukla, Dinesh Kukmar Shukla, Ashutosh Shukla, Shailesh Kumar Shukla, Abhinav Shukla and Jagdish Narayan Shukla appear before the trial court within 14 days 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 petition is disposed of accordingly. (Alok Mathur, J.) Order Date :- 4.4.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench