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2025 DAILYLAW 154577 (ALL)

MUSLIM @ MUSHLIM AND 6 OTHERS v. STATE OF U.P. THRU. ITS SECY. HOME LKO. AND ANOTHER

A482/6239/2025 · 2025-07-31

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44314 Court No. - 12 Case :- APPLICATION U/S 482 No. - 6239 of 2025 Applicant :- Muslim @ Mushlim And 6 Others Opposite Party :- State Of U.P. Thru. Its Secy. Home Lko. And Another Counsel for Applicant :- Suresh Chandra Srivastava,Savita Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard, Shri Suresh Chandra Srivastava, learned counsel for the applicants and learned A.G.A. The instant application under Section 482 Cr.P.C./528 B.N.N.S. 2023 has been preferred for quashing the summoning order dated 20.01.2024 passed in Complaint Case No.1164 of 2023; Hasnain Versus Muslim and others, under Sections 323, 504, 506, 436 IPC, Police Station-Sampurna Nagar, District-Kheria passed by the A.C.J.M., Court No.5, Lakhimpur Kheri, which has been upheld by the revisional court vide impugned order dated 03.01.2025 in Crl.Revision No.207 of 2024; Muslim and others Vs. Hasnain and another. After arguing at some length, learned counsel for the applicants has submitted that he does not want to press the application on merit and seeks liberty to file bail application before the learned Trial court which may be decided in view of law laid down by the Hon'ble Supreme Court in the case of Satendra Kumar Antill Vs. Central Bureau of Investigation and another; (2021) 10 SCC 773. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants move bail application before the trial court within fifteen days from today, the same shall be decided within a period of two weeks thereafter, in view of law laid down in the case of Satender Kumar Antil (Supra). With the aforesaid the application is dismissed. . ............................................(Rajnish Kumar,J.) Order Date :- 31.7.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench