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2025 DAILYLAW 155473 (ALL)

SATYA PRAKASH DUBEY @ SATYA PRAKASH DWIVEDI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO. AND ANOTHER

/882/2025 · 2025-08-06

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45877 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 882 of 2025 Applicant :- Satya Prakash Dubey @ Satya Prakash Dwivedi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Vaibhav Mishra,Mandeep Kumar Mishra Counsel for Opposite Party :- G.A.,Anand Pal Singh Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, Sri A.P.Singh Vishen, Advocate who has filed today on behalf of the opposite party no. 2 and learned A.G.A. for the State as well as perused the record. 2. Instant application under Section 482 Cr.P.C has been filed with prayer for quashing the charge sheet under Section 419, 420, 406 and 506 I.P.C. dated 30. 12.2024 in F.I.R. 521 of 2024 under Sections 419, 420, 406 and 506 I.P.C. and cognizance/summoning order dated 28.5.2025 passed in Criminal Case No. 14763 of 2025 which is pending before the court of Chief Judicial Magistrate, Gonda as contained in Annexure Nos. 1 and 2 to the affidavit so far as it relates to the applicants/ petitioners. 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. Further, the applicants 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 :- 6.8.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench