SIDHARTH RAJ v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO AND ANOTHER
A482/5889/2025 · 2025-07-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152889 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152889 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43332 Court No. - 13 Case :- APPLICATION U/S 482 No. - 5889 of 2025 Applicant :- Sidharth Raj Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another Counsel for Applicant :- Pintoo 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/set the impugned summoning order dated 27.03.2025 passed by Special Chief Judicial Magistrate(Custom), Lucknow in case no- 33144/2025(State versus Sidharth Raj) arising out in case crime no 275/2024 under section 406,420,506,504 of IPC Police Station Gazipur, District Lucknow as well as the charge sheet no- 01/2024 dated 24.08.2024 in case crime no 275/2024 under section 406,420,506,504 of IPC Police Station Gazipur, District Lucknow which are contained as Annexure no 1 and 2 to this petition.
It is further prayed that this Ho'ble court may kindly be pleased to set aside the entire proceedings of trail case no- 33144/2025(State versus Sidharth Raj) arising out in case crime no 275/2024 under section 406,420,506,504 of IPC Police Station Gazipur, District Lucknow pending before Special Chief Judicial Magistrate (Custom), Lucknow." Considering the facts of the case as also the punishment provided for the offence under Sections 406, 420, 506, 504 IPC as also the observations made by the Hon'ble Apex Court in the judgment 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 in the judgment passed in the case of Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690, without observing anything on merits, the present application 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 passed in the case of Delhi Race Club (Supra) and other law, which shall be considered and decided by the concerned court by passing a 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 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench