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2025 DAILYLAW 130189 (ALL)

MAHENDRA PAL SETHI v. STATE OF U.P. THRU. PRIN. SECY. CIVIL SECTT. LKO. AND ANOTHER

CRLA/944/2025 · 2025-04-04

Alok Mathur

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18835 Court No. - 12 Case :- CRIMINAL APPEAL No. - 944 of 2025 Appellant :- Mahendra Pal Sethi Respondent :- State Of U.P. Thru. Prin. Secy. Civil Sectt. Lko. And Another Counsel for Appellant :- Maninder Malhotra,Al Saud Khan,Mohd Wajid Irfan Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for appellant as well as learned Additional Government Advocate for State. 2. The present appeal has been filed to allow the instant appeal and set aside the impugned summoning order dated 27.07.2023 and order dated 10.03.2025 and further proceedings of Session trial No. 2465/2023 arising out of Case Crime No. 317/2022, Under Section - 323, 504, 506 I.P.C. read with Section 3(1)(Da) and 3 1(Dha) of SC/ST Act, Police Station - Alambagh, District Lucknow pending n the court of Special Judge SC/ST Act, Lucknow. 3. Learned counsel for appellant, after arguing at some length submits that grievance of the appellant shall be redressed in case liberty is granted to the appellant 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 appellant 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 appeal is disposed of accordingly. (Alok Mathur, J.) Order Date :- 4.4.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench