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2025 DAILYLAW 135304 (ALL)

AMBIKA PRASAD SINGH AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER

NA528/338/2025 · 2025-04-28

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24101 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 338 of 2025 Applicant :- Ambika Prasad Singh And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satyendra Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record. 2. The present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, (482 Cr.P.C.) has been preferred assailing the summoning order dated 04.07.2024 passed by learned Additional Chief Judicial Magistrate-II Faizabad/Ayodhya in Complaint Case No. 2712 of 2024, (Gunjan Singh Vs. Ambika Prasad Singh & others), whereby applicant no. 1 was summoned under Sections 323, 504 & 498- A IPC, and 3/4 of the Dowry Prohibition Act and applicant no. 2 has been summoned under Sections 323, 504, 498-A & 354 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Inayatnagar, District Ayodhay as well as entire proceedings of the aforesaid complaint case may also be quashed. 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 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 applicants appear before the trial court within two weeks 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 application under Section 482 Cr.P.C. is disposed of accordingly. (Alok Mathur, J.) Order Date :- 28.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench