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2025 DAILYLAW 136773 (ALL)

SUNITA AND 7 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3582/2025 · 2025-04-29

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24330 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3582 of 2025 Applicant :- Sunita And 7 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anupam Rastogi 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 482 Cr.P.C. (now 528 BNSS) has been filed against the summoning order dated 7.6.2023 passed by Civil Judge (Junior Division)/F.T.C./ Judicial Magistrate, Sitapur in complaint case CIS No.29042/2022 (Smt. Kamla Devi Vs. Om Prakash and others) under Sections 323, 452, 379, 427, 504, 506 IPC at police station Sandana, District Sitapur. 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, Sunita, SAnjay, Om Prakash, Suraj, Tejpal, Ram Chandra, Rohan and Ram Kishore 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 :- 29.4.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench