MALKHAN AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
A482/3539/2025 · 2025-04-25
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136067 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136067 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23714 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3539 of 2025 Applicant :- Malkhan And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Applicant :- Dhananjai Kumar Tripathi,Kajol,Tanupriya 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.
2. The present application U/S 482 Cr.P.c. has been filed for setting aside/quash the entire proceedings of Complaint Case No. 109/2024 (Ram Naresh Vs. Malkhan and others) and impugned summoning order datad 19.02.2025 passed by the Court of Additional Sessions Judge/Special Judge (POCSO Act), Bharaich by which applicants / petitioners have been summoned for facing of trial under Section 354, 504, 506 I.P.C. & Section 7/8 Protection of Children from Sexual Offences Act, 2012 & Section 3 (2) VA of SC/ST Act pertaining to Police Station - Risia, District Bahraich.
3. Learned counsel for appellant, after arguing at some length submits that grievance of the appellant shall be redressed in case liberty is granted to the appellant 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 appellant 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).
5. The appeal is disposed of accordingly. (Alok Mathur, J.) Order Date :- 25.4.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench