RAMESH KUMAR YADAV AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/2890/2025 · 2025-04-05
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131894 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131894 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19101 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2890 of 2025 Applicant :- Ramesh Kumar Yadav And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Pranvesh Awasthi,Brahmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard learned counsel for petitioners as well as learned Additional Government Advocate for State while appearance has been put in by Sri Daya Shankar Tripathi on behalf of opposite party No.2 which is taken on record.
2. The present 482 Cr.P.C. petition has been filed to quash the summoning order dated 22.6.2023 passed in Complaint Case No.38482 of 2023 “Dharmendra Yadav Vs. Ramesh Kumar and others”, passed by Additional Chief Judicial Magistrate-IV, Room No.28, Lucknow under Sections 452, 323, 504, 506 IPC, relating to police station Mall, District Lucknow.
3. Learned counsel for petitioners, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty 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 petitioners, namely, Ramesh Kumar Yadav, Harish Kumar and Guddul appear before the trial court within 14 days 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). 5.The petition is disposed of accordingly. (Alok Mathur, J.) Order Date :- 5.4.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench