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2025 DAILYLAW 130914 (ALL)

SHIVNATH AND 5 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER

A482/2756/2025 · 2025-04-03

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18495 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2756 of 2025 Applicant :- Shivnath And 5 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Zubair Hasan,Shakeel Ahmad Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. Satendra Antil 1. Heard learned counsel for applicants as well as learned Additional Government Advocate for State. 2. The present application under Section 482 of Cr.P.C. has been filed for setting aside the impugned order dated 06.03.2025 passed by Session Judge Lakhimpur Kheri in Criminal Revision No. 16 of 2025 (Kamal Kumar Mishra and Others Vs. Panbkaj Mishra) and order dated 01.03.2024 passed by the Additional Chief Judicial Magistrate, Court No. 01, Lakhimpur Kheri in Complaint Case No. 1512/2021 (Pankaj Mishra Vs. Kamal and Others) 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 appear 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 :- 3.4.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench