Neutral Citation No. - 2025:AHC-LKO:46488 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5337 of 2025 Applicant :- Durgesh @ Durgesh Tiwari Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main relief(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may pleased to allow this instant petition under section 482 Cr.P.C/ now section 528 BNSS and quash the impugned summoning order dated 11/08/2023 (as contained Annexure No.1) passed by learned court of Additional Civil Judge (Dy Judicial Magistrate, Court No-1. Lakhimpur Kheri in Case No.- 1055/2022 titled as Smt. Savitri Vs. Durgesh and Others relating to Police Station- Dhaurahra, District- Kheri whereupon the said learned court summoned the present applicant under sections:- 452, 354, 323 and 504 I.P.C in complaint case to face summary trial as well as impugned final judgment and order dated 08/04/2025 as contained Annexure No.2) passed by learned court of Session Judge, Lakhimpur Kheri in Criminal Revision No.-08/2025 titled as Durgesh Vs. Smt. Savitri Devi and Ors whereupon said revisional court rejected the criminal revision filed by the present applicant against the impugned summoning order dated 11/08/2023 passed against the present applicant and said impugned summoning order was confirmed by the revisional court which is illegal, arbitrary, malicious and bad in law and to quash all the consequential proceeding as arising out of this instant case as in the interest of justice. Further, it is most humbly prayed from this Hon'ble Court that to stay the proceedings as pending against the present applicant learned court of Additional Civil Judge (J.D)/ Judicial Magistrate, Court No.-1, Lakhimpur Kheri in Case No.- 1055/2022 titled as Smt. Savitri Vs. Durgesh and Others during the pendency of present petition as under section 482 Cr.P.C." After arguing the matter at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be directed to be decided in view of law laid down by the Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116, expeditiously. Learned AGA has no objection to the prayer made by learned counsel for the applicant. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 15 days from today or till the applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. It is made clear that in this regard, no application shall be entertained. With the aforesaid observations, the present application is disposed of. Order Date :- 8.8.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench