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2025 DAILYLAW 137283 (ALL)

DEVI DAYAL AGARWAL v. STATE OF U.P. THRU. ITS PRIN. SECY. MINISTRY OF HOME AFFAIRS LKO. AND ANOTHER

A482/3685/2025 · 2025-05-01

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25123 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3685 of 2025 Applicant :- Devi Dayal Agarwal Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Ministry Of Home Affairs Lko. And Another Counsel for Applicant :- Ramesh Chandra Pathak,Mohit Pathak,Pratyush Srivastava Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicant as well as learned AGA on behalf of the State. 2. The present application U/S 482 Cr.P.C. (Now U/S 528 of BNSS Act, 2023) has been filed for quashing the entire proceeding of Complaint Case No.8704 of 2017 and impugned summoning order dated 06.02.2018 passed by the court of learned Additional Court No.9, Lucknow, under Section 138 of N.I. 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. [Alok Mathur,J.] Order Date :- 1.5.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench