GYANENDRA PRAKASH MISHRA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. OF HOME LKO. AND ANOTHER
NA528/783/2025 · 2025-07-28
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 151816 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151816 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43165 Court No. - 13 Case :- APPLICATION U/S 528 BNSS No. - 783 of 2025 Applicant :- Gyanendra Prakash Mishra And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Of Home Lko. And Another Counsel for Applicant :- Ramendra Kumar Misra,Ram Karan Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State and perused the record. The present application has been filed by the applicant for the following main relief:-
"To set aside/quash the summoning order dated 07.05.2025 passed by Judicial Magistrate Mohammadi, District Kheri, in crime no. 772 of 2024, under section of 406 & 420 of I.P.C and case no.1118/2025, pending before the court of Judicial Magistrate Mohammadi, District Kheri, Police Station- Mohammadi, between 'State Vs. Gyanendra Prakash Mishra and others' as well as entire criminal proceedings of the above mentioned case only related to applicant in the interest of justice." Considering the facts of the case as also the punishment provided for the offence under Sections 406 and 420 IPC as also the observations made by the Hon'ble Apex Court passed 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 also the observations made by the Hon'ble Apex Court passed in the case of Delhi Race Club(1940) Ltd. and Others Versus State of U.P. and another, Criminal Appeal No. 3114 of 2024, without observing anything on merits, the present petition is disposed of with liberty to the applicants to prefer an application in terms of judgment passed by the Hon'ble Apex Court in the case of Satender Kumar Antil (Supra), which shall be decided most expeditiously and also thereafter to prefer an application seeking discharge based upon the judgment of Delhi Race Club (Supra) and other law, which shall be considered and decided by the concerned court by passing reasoned and speaking order, within a period of four months, if possible and if there is no other legal impediment in this regard. With the aforesaid observations, the present application is
disposed of.
Order Date :- 28.7.2025/Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench