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2025 DAILYLAW 155725 (ALL)

SAURABH SINGH v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME LKO. AND ANOTHER

/6374/2025 · 2025-08-05

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45545 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6374 of 2025 Applicant :- Saurabh Singh Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Viksit Srivastava,Abhishek Singh,Jai Singh,Yojana Srivastava 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:- "For the facts, reasons and circumstances stated in the accompanying affidavit, filed in support of present petition under section-482 of Cr.P.C. Now section- 528 B.N.S.S. it is most respectfully prayed that this Hon'ble High Court may kindly be pleased to quash/set aside the impugned Summoning order dated 25/01/2024 passed by Additional Chief Judicial Magistrate, Room No. 17, Barabanki in Cri. Case No- 302/2024 (State of UP versus Saurabh Singh), and entire proceedings arising out of it in the interest of Justice. Further this Hon'ble court may kindly be pleased to stay the operation and implementation of the impugned Summoning order dated 25/01/2024 passed by Additional Chief Judicial Magistrate, Room No. 17, Barabanki in Cri. Case No- 302/2024 (State of UP versus Saurabh Singh), and entire proceedings arising out of it in the interest of Justice. Further this Hon'ble court may kindly be pleased to stay the operation and implementation of the Chargesheet/Final Report submitted by Investigating officer on 09/07/2023 in Cri. Case No- 302/2024 (State of UP versus Saurabh Singh), and entire proceedings arising out of it 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. 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