Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 153941 (ALL)

DUDH NATH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPT. AND ANOTHER

/6212/2025 · 2025-08-05

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:45309 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6212 of 2025 Applicant :- Dudh Nath Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Dept. And Another Counsel for Applicant :- Satyendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "Wherefore, it is most respectfully prayed that this Hon'ble may kindly be pleased to quashed the impugned summoning order dated 21.10.2024 passed by court of Civil Judge (J.D)/ Judicial Magistrate Utraula District Balrampur, in criminal case 1095/2024 State Vs. Ram Surat and others as well as charge sheet No. 01 dated 24.04.2024 arising out of crime No. 0057/2024 under section 323, 504, 506, 427, I.P.C registered at police station Shreedattganj District Balrampur only for Petitioner in the interest of justice. And further prayed that this Hon'ble court may kindly be pleased to stay the further proceeding of crime No. 0057/2024 under section 323, 504, 506, 427, I.P.C registered at police station Shreedattganj District Balrampur only for Petitioners in the interest of justice." 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report. 4. At this stage, learned counsel for the applicant submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. 5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). 7. Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. 8. The application is disposed off accordingly. Order Date :- 5.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench