ANOOP BIRLA v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER
A482/3459/2025 · 2025-04-23
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135691 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135691 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23167 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3459 of 2025 Applicant :- Anoop Birla Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sushil Kumar Sharma, Shashank Singh Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard learned counsel for applicant as well as learned Additional Government Advocate for State.
2. The present petition under Section 528 BNSS (earlier 482 Cr.P.C.) has been filed for quashing the proceedings of criminal complaint case No.118209 of 2023 as well as summoning order dated 12.2.2025 passed by Chief Judicial Magistrate, Lucknow in the aforesaid complaint case for facing trial under Section 420 IPC.
3. Learned counsel for applicant, 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 petitioner Anoop Birla appears before the trial court within 14 days from today and applies 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 :- 23.4.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench