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2025 DAILYLAW 129591 (ALL)

SMT. REEMA AND 4 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/2524/2025 · 2025-04-29

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24511 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2524 of 2025 Applicant :- Smt. Reema And 4 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Shiv Kumar Yadav Counsel for Opposite Party :- G.A.,Ajit Singh,Surya Narayan Singh Hon'ble Alok Mathur,J. 1. Heard Shri Shiv Kumar Yadav, learned counsel for applicants, Shri Surya Narayan Singh, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the material available on record. 2. In compliance of order dated 04.04.2025 opposite party no. 2 Smt. Krishnawati is present in person before this Court. She has been duly identified by her counsel Mr. Surya Narayan Singh. 3. Smt. Krishnawati has unequivocally stated before this Court that she is not interested to participate in the mediation proceedings to settle the dispute. 2. The present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, (482 Cr.P.C.) has been preferred assailing the summoning order 01.10.2024 passed by learned Chief Judicial Magistrate, Unnao in Complaint Case No. 12673 of 2019 (Smt. Krishnawati Vs. Chhote Lal and others), under Sections 452, 323, 504 and 506 IPC, Police Station Gangaghat, District Unnao as well as entire proceedings of the aforesaid complaint case may also be quashed. 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 applicants 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 appears before the trial court within two weeks from today and applies 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 :- 29.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench