ASVINI KUMAR DIRVEDI AND 5 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. LKO. AND ANOTHER
A482/3855/2025 · 2025-05-15
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138196 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138196 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28501
Court No. - 12 Case :- APPLICATION U/S 482 No. - 3855 of 2025 Applicant :- Asvini Kumar Dirvedi And 5 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Lko. And Another Counsel for Applicant :- Adarsh Kumar Tripathi,Gyanendra Pathak Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
2. The present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) the applicants have assailed the summoning order dated 25.01.2024 passed by learned Civil Judge (Senior Division), Court No. 2, Bahraich in Criminal Case No. 42 of 2024, under Sections 504, 506, 323, and 427, Police Station Kotwali Nagar, District Bahraich.
3. Learned counsel for applicants, after arguing at some length submits that grievance of the applicants 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 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).
5. The application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) is disposed of accordingly. . (Alok Mathur, J.) Order Date :- 15.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench