HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7800 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant for the following main relief(s):- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire criminal proceeding of Criminal Misc. Case No. 129418/2024, arising out of charge sheet dated 23.06.2024 as well as impugned summoning order dated 23.12.2024 passed by the learned Special Chief Judicial Magistrate, Custom, Lucknow pertaining to case crime No. 56/2024, under Sections-406, 420, 506 IPC, Police Station-Banthara, District-Lucknow, State of U.P. Versus Rakesh Kumar Pandey and others, pending in the court of learned Special Chief Judicial Magistrate, Custom, Lucknow, so far relates to the petitioner and further it may be pleased to stay the entire criminal proceeding of Criminal Misc. Case No. 129418/2024, arising out of charge sheet dated 23.06.2024 as well as impugned summoning order dated 23.12.2024 passed by the learned Special Chief Judicial Magistrate, Custom, Lucknow pertaining to case crime No. 56/2024, under Sections-406, 420, 506 IPC, Police Station-Banthara, District- Lucknow, State of U.P. Versus Rakesh Kumar Pandey and others, pending in the court of learned Special Chief Judicial Magistrate, Custom, Lucknow, so far relates to the petitioner, in the interest of justice. ." 3. Considering the facts of the case as also the punishment provided for the offence under Sections 406 and 420 IPC as also the observations made by the Hon'ble Apex Versus Counsel for Applicant(s) : Amar Nath Dubey, Ankit Dubey Counsel for Opposite Party(s) : G.A. Vinod Kumar Mishra .....Applicant(s) State Of U.P. Prin. Secy. Deptt. Of Home Lko And Another .....Opposite Party(s) Court passed 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 also the observations made by the Hon'ble Apex Court passed in the case of Delhi Race Club(1940) Ltd. and Others Versus State of U.P. and another, Criminal Appeal No. 3114 of 2024, without observing anything on merits, the present petition is disposed of with liberty to the applicant to prefer an application in terms of judgment passed by the Hon'ble Apex Court in the case of Satender Kumar Antil (Supra), which shall be decided most expeditiously and also thereafter to prefer an application seeking discharge based upon the judgment of Delhi Race Club (Supra) and other law, which shall be considered and decided by the concerned court by passing reasoned and speaking order, within a period of four months, if possible and if there is no other legal impediment in this regard. 4. With the aforesaid observations, the present application is disposed of. September 19, 2025 KR A482 No. 7800 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench