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2025 DAILYLAW 154721 (ALL)

SHAH ALAM v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/6169/2025 · 2025-07-29

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43893 Court No. - 29 Case :- APPLICATION U/S 482 No. - 6169 of 2025 Applicant :- Shah Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Mohd. Ayub,Ashok Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The present application has been filed under Section 482 Cr.P.C (now Section 528 B.N.S.S) with the following prayer:- "For the facts, reasons and circumstances stated in the accompanying petition duly supported by an affidavit, it is most respectfully prayed that this Hon'ble court my kindly be pleased to stay the impugned summoning order dated 10.10.2024 issued by ADDITIONAL chief judicial Magistrate VII, court no. 31, Lucknow in case no. 85622/2024, State Vs. Anil Giri & another, arising out of case crime no. 508/2023, under section 406, 420,506 I.P.C Police station Gudamba, Distt. Lucknow, as contained in Annexure no.l to this petition alongwith entire criminal proceedings of the aforesaid case pending before concerned magistrate, during pendency of this petition 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 him, 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 :- 29.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench