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2025 DAILYLAW 159792 (ALL)

SHAMS TABREZ ALAM AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7008/2025 · 2025-08-26

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7008 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State as well as perused the record. 2. The present application has been filed by the applicants for the following main relief:- "Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of against the revision order dated 17.07.2025 passed by the Additional District and Session Judge, Court no. 37, Barabanki, as well as summoning order dated 25.08.2023 in case no. 2840/2022 passed by Additional Chief Judicial Magistrate, Court no. 25, Barabanki, (Naseer and others Versus Arif Hussain) means of which the petitioners have been issued Summoning Order to face the trail U/S- 323, 504, 506 I.P.C. as contained in Annexure No. 1 and 2 respectively to this petition, in the interest of law and Justice" 3. After arguing the matter at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be directed to be decided in view of law laid down by the Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116. 4. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants. 5. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. August 26, 2025 Anand/- Versus Counsel for Applicant(s) : Farooq Ayoob, Mansi Gupta Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Shams Tabrez Alam And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench