KAMLA PRASAD PATHAK ALIAS KAMLA PRASAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.AND ANOTHER
A482/2954/2025 · 2025-04-07
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132212 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132212 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19407 Court No. - 29 Case :- APPLICATION U/S 482 No. - 2954 of 2025 Applicant :- Kamla Prasad Pathak Alias Kamla Prasad And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko.And Another Counsel for Applicant :- Deepak Kumar,Dinesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. Instant application under Section 482 Cr.P.C has been filed with prayer to quash the impugned cognizance/summoning order dated 27.01.2020 passed by the Additional Civil Judge (Junior Division)/Judicial Magistrate, Pratapgarh in Complaint Case No. 1706/2019, under Sections 452,323,504,506,427 IPC, P.S.- Kohdor, District- Pratapgarh.
Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants are not involved in committing the alleged offence as has been mentioned in the First Information Report. At this stage, learned counsel for the applicants submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's
judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). The application is disposed of accordingly.
Order Date :- 7.4.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench