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2025 DAILYLAW 141515 (ALL)

KRISHAN LAL GAHARWAL AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/4520/2022 · 2025-04-23

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23411 Court No. - 12 Case :- APPLICATION U/S 482 No. - 4520 of 2022 Applicant :- Krishan Lal Gaharwal And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Mithila Bakhsh Tiwari Counsel for Opposite Party :- G.A.,Aditya Singh,Lakshmendra Singh Gahlot,Mamta Singh,Rajat Sharma,Vinay Kumar Singh Hon'ble Alok Mathur,J. 1. Heard learned counsel for applicants as well as learned Additional Government Advocate for State. 2. The present 482 Cr.P.C. application has been filed for quashing the summoning order dated 24.01.2022, passed by the Judicial Magistrate-IIIrd, Lucknow in Case No. 13334 of 2022, arising out of FIR No. 486 of 2021, under Sections 323, 504, 506, 354 IPC, Police Station - Sarojni Nagar, District - Lucknow as well as charge sheet dated 03.11.2021 submitted in the aforesaid case and entire proceedings of the aforesaid case. 3. Perusal of order sheet indicates that the matter was referred to the Mediation and Conciliation Center of this order by means of order dated 15.07.2022. The report of Mediation Center dated 09.09.2022, is available on record, from which it is evident that no settlement agreement could be arrived at between the parties. 4. Learned counsel for applicants, after arguing the matter at some length, submits that grievance of applicants shall be substantially redressed in case applicants are granted liberty to file bail application(s) 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". 5. Learned A.G.A. has no objection in case suitable directions are issued to the Court concerned to consider and decide the applicants application(s) for bail in view of the law laid down by the Apex Court in the case of Satender Kumar Antil (supra). 6. In view of the above, prayer for quashing the impugned summoning order, charge sheet as well as proceeding of the aforesaid case, is refused. So far as other prayer is concerned, it is provided that in case the applicants appear before the trial Court within three 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). 7. 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