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2025 DAILYLAW 140981 (ALL)

VAIBHAV TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME, LKO. AND ANOTHER

A482/5253/2023 · 2025-04-23

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23343 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5253 of 2023 Applicant :- Vaibhav Tiwari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.,Ajeet Kumar Mishra,Nishit Mishra Hon'ble Alok Mathur,J. 1. Heard Sri Atul Kumar Singh, learned counsel for applicant as well as learned Additional Government Advocate for State of U.P. 2. The present 482 Cr.P.C. application has been filed for quashing the summoning order dated 11.05.2016, passed by the Additional Chief Judicial Magistrate, Court No. 2, Hardoi in Complaint Case No. 565 of 2014 - Smt. Moni Vs. Vaibhav Tiwari and Others, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Tadiyawan, District - Hardoi and further prayer has been made to set aside the non bailable warrant dated 08.05.2023, issued against the applicant in the aforesaid case. 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 orders is refused. So far as other prayer is concerned, it is provided that in case the applicant appears before the trial Court within three 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. Order Date :- 23.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench