BALENDRA PRATAP SINGH v. STATE OF U.P. THRU. SECY. DEPTT. HOME LKO. U.P. AND ANOTHER
A482/5850/2025 · 2025-07-21
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 152361 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152361 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41645 Court No. - 13 Case :- APPLICATION U/S 482 No. - 5850 of 2025 Applicant :- Balendra Pratap Singh Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Lko. U.P. And Another Counsel for Applicant :- Vineet Kumar Pandey,Pradeep Kumar Tiwari 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 kindly be pleased to quash the entire criminal proceeding of Case No. 122962/2022 (State Vs. Balendra Pratap Singh) registered in Crime No.-0064 of 2021, under sections- 406 and 420 of Indian Penal Code, Police Station Manak Nagar, District- Lucknow pending in the court of Additional Chief Judicial Magistrate, Court No.-31, Lucknow as well as the impugned charge-sheet dated 06/03/2022 and cognizance and summoning order dated 17/08/2022 (contained as Annexure No.- 2 and 3 respectively to this petition), 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 applicant 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 :- 21.7.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench