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2025 DAILYLAW 154715 (ALL)

VINAY KUMAR MISHRA AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

/6334/2025 · 2025-08-06

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45845 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6334 of 2025 Applicant :- Vinay Kumar Mishra And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Prabhaat Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, 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 prayer:- "1. Set aside the impugned summoning order dated - 03/09/2022 passed the Learned Additional Chief Judicial Magistrate Court No 27, Lucknow, in Cri. Case No 157/2021, FIR dated 20/04/2021, U/s 452, 323, 325, 506 IPC, P.S.Mohanlal Ganj, District - Lucknow. (Annexure No 1), in the interest of Justice. II. It is also prayed that the Hon'ble Court may kindly be pleased to quash the FIR dated 20/04/2021 and Charge Sheet dated 18/06/2021 (Annexure No 2 & 3) submitted by the Investigating Officer before the Learned Chief Judicial Magistrate Court No 27, Lucknow, in Cri. Case No-83814/2022, FIR dated - 20/04/2022, Case Crime No-157/2022, U/s-452, 323, 325, 506 IPC, P.S. - Mohanlal Ganj, District - Lucknow (Annexure No 2 & 3), and also quash the proceeding pending before the Learned Additional Chief Judicial Magistrate 3rd, Lucknow." 3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report. 4. At this stage, learned counsel for the applicants 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 applicants. 6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). 7. The application is disposed off accordingly. Order Date :- 6.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench