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2025 DAILYLAW 148014 (ALL)

ATUL KUMAR GAHARWAL v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5558/2022 · 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. - 5558 of 2022 Applicant :- Atul Kumar Gaharwal Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Babban Prasad Shukla,Mithila Bakhsh Tiwari Counsel for Opposite Party :- G.A.,Aditya Singh,Mamta Singh,Rajat Sharma Hon'ble Alok Mathur,J. 1. Heard learned counsel for applicant 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 15.12.2021, passed by the Special Chief Judicial Magistrate (Custom), Lucknow in Case No. 11 of 2021 - Upasna Vs. Atul Kumar, under Sections 323, 504, 498-A IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Sarojini Nagar, District - Lucknow as well as entire proceedings of 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 proceeding 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