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2025 DAILYLAW 130474 (ALL)

BHOLANATH YADAV AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2685/2025 · 2025-04-04

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18822 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2685 of 2025 Applicant :- Bholanath Yadav And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present appeal has been filed by the applicants for quashing of the summoning order dated 06.09.2022 in Criminal Complaint Case No. 19816/2021, passed by Civil Judge (J.D.) First / Judicial magistrate, Ambedkar Nagar as ell as the Bailable order dated 28.02.2025 by which summons has been served through telephonic, offence under Sections 498A, 323, 504, 506 I.P.C. read with Section 3/4 of the Dowry Prohibition Act, (Sarita Yadav Vs. Arvind Kumar Yadav and Others). 3. After arguing for sometime, learned counsel for the appellants submits that he does not want to press this appeal and seeks liberty to move an application for discharge through counsel before the trial court and the same may be decided by the learned trial court in a time bound manner. 4. Accordingly, it is provided that in case, the appellants move an appropriate application for discharge through counsel before the concerned Court below within a period of fifteen days from today, the same shall be considered and decided expeditiously, preferably within a period of two months in accordance with law, by the concerned trial court. 5. With the aforesaid directions, this petition is finally disposed of. (Alok Mathur, J.) Order Date :- 4.4.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench