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2025 DAILYLAW 14778 (ALL)

SHANKAR LAL v. STATE OF UP AND 3 OTHERS

A227/1447/2025 · 2025-03-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33746 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1447 of 2025 Petitioner :- Shankar Lal Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Dharmendra Kumar,Raj Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. The present petition has been preferred seeking the following reliefs:- "a) Issue a writ, order or direction in the nature of certiorari quash/set aside the impugned order dated 14.11.2024 passed by District Judge, Jaunpur in Criminal Revision No. NIL/2024, Computerized Case No. UPJP010078262024 (Shankar Lal Vs. State of U.P. and others), arising out of Case Crime No. 360 of 2023 under section 323, 504, 325 I.P.C., Police Station-Mugra Badshahpur, District-Jaunpur, (Annexure No. 1 to this Writ Petition). b) Issue a writ, order or direction in the nature of certiorari quash/set aside the impugned summoning order dated 05.07.2024 passed by the Ld. Additional Chief Judicial Magistrate-IV, Jaunpur in Case No. 789 of 2024 in Case Crime No. 360 of 2023 under section 323, 504, 325 I.P.C., Police Station-Mugra Badshahpur, District-Jaunpur, (Annexure No. 2 to this Writ Petition). c) Issue any other writ, order or direction in the nature of mandamus directing the respondent authorities to not arrest the petitioner in pursuance of the impugned summoning order dated 05.07.2024 passed by the Ld. Additional Chief Judicial Magistrate-IV, Jaunpur in Case No. 789 of 2024 in Case Crime No. 360 of 2023 under section 323, 504, 325 I.P.C., Police Station-Mugra Badshahpur, District-Jaunpur." 3. At the very outset, learned counsel for petitioner submitted that he is not pressing the petition on merits and confined his prayer only to the extent that the present petition may be disposed of finally with a direction to the court concerned that in case petitioner surrenders before it and apply for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for opposite parties have no objection. 4. In view of the aforesaid, the instant writ petition is finally disposed of with a direction to the court concerned that in case, the petitioner surrenders before the court concerned within a period of 30 days from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. 5. However, it is made clear that till 30 days from today, no coercive action shall be taken against the petitioner herein. Order Date :- 7.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad