KULDEEP @ KULDEEP KUMAR VIDHYARTHI AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3380/2025 · 2025-04-24
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135263 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135263 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23555
Court No. - 12 Case :- APPLICATION U/S 482 No. - 3380 of 2025 Applicant :- Kuldeep @ Kuldeep Kumar Vidhyarthi And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sushil Kumar Misra 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.
2. The present 482 Cr.P.C./528 BNSS petition has been filed to quash the summoning order dated 17.1.2025 passed in Complaint Case No.53554 of 2024, under Sections 452, 335 IPC, police station Maal, District Lucknow pending in the court of Additional Chief Judicial Magistrate IV, Room No.28, 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, Kuldeep alias Kuldeep Kumar Vidyarthi, Guddu alias Pradeep, Raja alias Himanshu, Rishabh alias Priyanshu, Kanha alias Kanhaiya Lal and Arjun Kumar 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 :- 24.4.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench