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2025 DAILYLAW 134453 (ALL)

AYODHYA PRASAD SINGH AND 7 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/3263/2025 · 2025-04-17

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21750 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3263 of 2025 Applicant :- Ayodhya Prasad Singh And 7 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Shailendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.), has been filed by the applicants for quashing the impugned order dated 29.08.2024 passed by learned III Additional District & Sessions Judge, Bahraich in Criminal Revision No.186/2024 as well as impugned summoning order dated 29.03.2024 passed in Complaint Case No.4380 of 2019 whereby the applicants have been issued summoning order to face the trial and also for quashing the entire proceedings of the aforesaid Complaint Case. 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 move 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 applicants appear 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. With the aforesaid directions, this petition is finally disposed of. . (Alok Mathur, J.) Order Date :- 17.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench