SHATRUGHAN PRASAD MAURYA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3647/2025 · 2025-04-29
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136864 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136864 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25119 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3647 of 2025 Applicant :- Shatrughan Prasad Maurya And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Adarsh Kumar Maurya,Alka Rani,Ambrish Kumar,Rupali Srivastava,Shubham Yadav Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Adarsh Kumar Maurya, learned counsel for applicants as well as learned Additional Government Advocate for State. Vakalatnama has been filed Smt. Lalita Bajpai, Advocate on behalf of opposite party no. 2, same is taken on record.
2. The present 482 Cr.P.C. application (now Section 528 of BNSS) has been filed for quashing the summoning order dated 22.01.2025, passed by the Chief Judicial Magistrate, Lucknow in Case No. 5971 of 2024 - Smt. Babli Maurya Vs. Shatrughan Prasad Maurya and Others, summoning the applicants under Sections 323, 504, 506, 354 IPC, Police Station - Dubagga/Kakori, District - Lucknow, as well as entire proceedings of the aforesaid case.
3. Learned counsel for applicants, after arguing the matter at some length, submits that grievance of applicants shall be substantially redressed in case applicants are granted liberty to file bail application(s) 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 applicants application(s) 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 summoning
order as well as proceeding of the aforesaid case is refused. So far as other prayer is concerned, it is provided that in case the applicants appear before the trial Court within two weeks 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).
6. The application is accordingly disposed of.
Order Date :- 29.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench