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2025 DAILYLAW 135776 (ALL)

ABU SAHMA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3433/2025 · 2025-04-28

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24559 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3433 of 2025 Applicant :- Abu Sahma Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Punit Kumar Shukla,Priyanka 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 482 Cr.P.C. (now Section 528 of BNSS) application has been filed for quashing the entire proceedings of Complaint Case No. 15273 of 2022, under Sections 498-A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Rampur Mathura, District - Sitapur pending before the Court of the Civil Judge (Junior Division)/FTC/CAW/Judicial Magistrate, Sitapur and further prayer has been made to quash the summoning order dated 21.10.2022, passed in the aforesaid case thereby summoning he applicant under Sections 498-A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act. 3. Learned counsel for applicant, after arguing the matter at some length, submits that grievance of applicant shall be substantially redressed in case applicant is granted liberty to file a bail application before the Court concerned, 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". 4. Learned A.G.A. has no objection in case suitable directions are issued to the Court concerned to consider and decide the applicant's application for bail in view of the law laid down by the Apex Court in the case of Satender Kumar Antil (supra). 5. 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 applicant appears before the trial Court within two weeks 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). 6. The application is accordingly disposed of. Order Date :- 28.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench