SHARAFAT ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT., LKO. AND ANOTHER
A482/3953/2025 · 2025-05-09
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138914 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138914 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27207 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3953 of 2025 Applicant :- Sharafat Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another Counsel for Applicant :- Sachin Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard learned counsel for the applicant, 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 applicant has challenged the summoning order dated 16.05.2019 passed by learned Additional Court No.5 (Negotiable Instruments Act, 1881), Lucknow in Complaint Case No. 981 of 2019 (Nafees Ahmad Siddiqui Vs. M/s Yazdan Construction & others) under Section 138 of the Negotiable Instruments Act, 1881 as well as non- bailable warrant dated 23.042025 passed by the said court.
3. Learned counsel for applicant, after arguing at some length submits that grievance of the applicant shall be redressed in case liberty is granted to the applicant 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 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).
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 :- 9.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench