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2025 DAILYLAW 131163 (ALL)

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

A482/3017/2025 · 2025-04-08

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19680 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3017 of 2025 Applicant :- Shiv Kumar And 5 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Prabhat Kumar Ojha,Ajay Kumar Ojha,Sujit Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicants as well as learned AGA on behalf of the State. 2. The present application U/S 482 Cr.P.C. (Now U/S 528 of BNSS Act, 2023) has been filed for quashing the summoning order dated 18.10.2024 passed in Complaint Case No.19124 of 2023, arising out of complaint under Section 200 Cr.P.C. moved by opposite party no.2 at Police Station Antu, District - Pratapgarh as well as to quash the entire proceeding of aforesaid complaint case. 3. Learned counsel for applicants, after arguing the matter at some length, submits that grievance of applicants shall be substantially redressed in case applicants are granted liberty to file bail applications before the Court concerned, 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". 4. Learned A.G.A. has no objection in case suitable directions are issued to the Court concerned to consider and decide the applicants' application for bail in view of the law laid down by the Apex Court in the case of Satender Kumar Antil (supra). 5. 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, namely, Shiv Kumar, Shiv Mangal, Lal Ji, Ankita, Kanchan and Sunita appear before the trial Court within two weeks from today and apply 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). 6. The application is accordingly disposed of. [Alok Mathur,J.] Order Date :- 8.4.2025 / KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench