ANKIT MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER
A482/6742/2025 · 2025-08-21
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158131 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158131 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48999 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6742 of 2025 Applicant :- Ankit Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Shailendra Pathak,Ajay Singh 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. Instant application under Section 482 Cr.P.C has been filed with prayer for quashing of the summoning order dated 21.02.2025 passed by the C.J.M., Shrawasti, in Criminal Case No.678 of 2025 (State Vs. Ankit Mishra & Anr.) as well as the charge sheet dated 19.07.2024 arising out of Case Crime No.32 of 2024 under Sections 406, 420, 506 IPC, P.S.- Sirsiya, District- Shrawasti.
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 :- 21.8.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench