Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 158461 (ALL)

AJEET KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/6771/2025 · 2025-08-22

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:49353 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6771 of 2025 Applicant :- Ajeet Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashok Kumar Maurya,Priyanshi Maurya,Rekha Singh 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside/quash entire proceeding of Criminal Case No.129424 of 2024 (State Versus Ajeet Kumar) pending in the Court of A.C.J.M. Custom, Lucknow, as well as the Charge Sheet No.01 dated 20.7.2024 under Sections 285 I.P.C. arising out of Case Crime No. 0154 of 2024, under Section 435 IPC, Police Station Banthara. District Lucknow, as well as the summoning order dated 23.12.2024 passed by Special Chief Judicial Magistrate, Lucknow, in the interest of justice. It is further prayed that during pendency of the instant petition the operation and implementation of the summoning order 2.12.2024 passed by Special Chief Judicial Magistrate, Lucknow as as the further proceedings of Criminal Case No. 129424 of 2024 (State Versus Ajeet Kumar) pending in the Court of A.C.J.M. well Custom, Lucknow, may kindly be stayed." 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 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 of accordingly. Order Date :- 22.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench