SWAMI PRASAD AND ANOTHER v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/3834/2025 · 2025-05-12
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138378 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138378 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27971 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3834 of 2025 Applicant :- Swami Prasad And Another Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Anil Kumar Mishra,Arun Chand Pandey,Ram Bahadur Maurya 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 judgment nad order dated 8.4.2025 passed by learned Additional Sessions Judge-VII/Special Judge (NDPS Act), Raebareli in Criminal Revision No. 138 of 2024 (Swami Prasad & another Vs. State of U.P. and another) as well as summoning order dated 23.6.2023 passed by learned Civil Judge (Junior Division)/F.T.C.-I, Raeaberli in Complaint Case No. 34223 of 2022 (Pradepp Kumar Pandey Vs. Swami Prasad & another) under Sections 323, 504 and 506 IPC, Police Station Mill Area, District Raebareli.
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 discharge 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 482 Cr.P.C. is disposed of accordingly. . (Alok Mathur, J.) Order Date :- 12.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench