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2025 DAILYLAW 138213 (ALL)

SMT. INDU BALA CHAUDHARY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3760/2025 · 2025-05-14

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28027 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3760 of 2025 Applicant :- Smt. Indu Bala Chaudhary Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Santosh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed by the applicants for quashing the impugned order dated 18.3.2024 passed in complaint case No.72 of 2024, under Sections 138 Negotiable Instruments Act, P.S. Rampur Mahtura, District Sitapur by Additional Civil Judge (Junior Division/Judicial Magistrate, Mahmoodabad, Sitapur whereby the petitioner has been summoned to face trial. 4. After arguing for sometime, learned counsel for the applicant submits that he does not want to press this application and seeks liberty to move an application for discharge through counsel before the trial court and the same may be decided by the learned trial court 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. 5. Accordingly, it is provided that in case, the applicant moves an appropriate application for discharge through counsel before the concerned court below within a period of fifteen days from today, the same shall be considered and 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", by the concerned trial court. 6. With the aforesaid directions, this petition is finally disposed of. (Alok Mathur, J.) Order Date :- 14.5.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench