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2025 DAILYLAW 160193 (ALL)

ASHOK KUMAR VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7023/2025 · 2025-08-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7023 of 2025 Court No. - 14 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 has been filed with the prayer to quash the order dated 10.07.2025 by which petitioner summoned to face trial, passed in Case Crime No. 162/2020, under section 135 Indian Electricity Act, 2003 Police Station Kotwali Sadar, District Kheri passed by learned Additional Sessions Judge/Special Judge (E.C. Act), Lakhimpur Kheri and further proceedings of the case vide Misc. Criminal Case No. 3634/2020, "Mukesh Kumar Versus Dr. Ashok Kumar Verma" in the ends of justice. 3. Learned counsel for the applicant submits that the applicant is innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence. 4. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicant. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicant on the ground that this is not a stage where minute and meticulous exercise with regard Versus Counsel for Applicant(s) : Dr. Surendra Kumar Misra, Avnish Kumar Tiwari Counsel for Opposite Party(s): G.A. Ashok Kumar Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. 5. At this stage, learned counsel for the applicant submits that they do not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. 6. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 7. 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 file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). 8. The appeal is disposed off accordingly. August 26, 2025 Haseen U. A482 No. 7023 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench