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2025 DAILYLAW 132011 (ALL)

LALLAN YADAV @ LALLAN SINGH v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2891/2025 · 2025-04-05

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19129 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2891 of 2025 Applicant :- Lallan Yadav @ Lallan Singh Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. The present application under Section 258 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been preferred assailing the summoning order dated 11.05.2005 passed by learned Chief Judicial Magistrate, Bahraich in Complaint Case No. 6204 of 2004 (Rajesh Kumar Tiwari Vs. Lallan Yadav), under Sections 323, 504 506 (2) IPC, Police Station Ramgaon, District Bahraich as well as entire proceedings of the aforesaid case may also be quashed. 3. Learned counsel for applicant, after arguing at some length submits that grievance of the applicant shall be redressed in case liberty is granted to the applicant to file a discharge 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 applicant appears before the trial court within two weeks from today and moves discharge application, 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 under Section 482 Cr.P.C. is disposed of accordingly. . (Alok Mathur, J.) Order Date :- 5.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench