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2025 DAILYLAW 135465 (ALL)

RAMESH CHANDRA AND 5 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND 2 OTHERS

A482/3371/2025 · 2025-05-02

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25315 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3371 of 2025 Applicant :- Ramesh Chandra And 5 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Applicant :- Brijesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for applicants as well as learned Additional Government Advocate for State while Sri Subodh Kumar Pandey, Advocate has put in appearance on behalf of opposite party No.2 and filed vakalatnama, which is taken on record. 2. The present 482 Cr.P.C. (now 528 BNSS) has been filed for quashing the entire criminal proceeding of complaint No.46/2024 as well as judgment and order dated 25.3.2025 passed by Sessions Judge, Lakhimpur Kheri in Criminal Revision No.184/2024 and summoning order dated 9.8.2024 passed by Additional Chief Judicial Magistrate, Court No.5, Lakhimpur Kheri in Complaint No.46/2024 by which the applicants have been summoned to face trial under Sections 323, 352, 427, 452, 468 IPC. 3. Learned counsel for applicants, 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 applicants, namely, Ramesh Chandra, Rambeti, Shubham, Ashutosh, Hariom and Satyam 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 :- 2.5.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench