SANTOSH MAHENDRA v. THE STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/2631/2025 · 2025-04-04
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130232 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130232 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18846 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2631 of 2025 Applicant :- Santosh Mahendra Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Sarveshwar Mehrotra,Deepak Verma Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard learned counsel for applicant as well as learned Additional Government Advocate for State.
2. The present application has been filed to quash/set aside the entire proceedings of Complaint Case No. 4338/2019 (Saurabh Pal Vs. Anant Pandey and another) Under Section 406 I.P.C., P.s. Aliganj, District Lucknow and Non Bailable Warrant Order dated 04.03.2025 issued by the Court of Additional Chief Judicial Magistrate-II, Lucknow.
3. Learned counsel for applicant, 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 application U/S 482 Cr.P.C. 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