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2025 DAILYLAW 161509 (ALL)

VINAY HARISCHANDRA GUPTA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND ANOTHER

A482/7326/2025 · 2025-09-02

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7326 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed to quash the proceedings of Case Crime No. 0233 of 2019, under Sections 498-A/323/504/506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Alambagh, District Lucknow as well as NBW dated 24.04.2025, issued by the learned Judicial Magistrate-III, Lucknow. Learned counsel for the applicant submits that the dispute is purely civil in nature, as there is a matrimonial dispute in between the husband and the wife and due to which the instant FIR has been lodged and criminal proceedings have been initiated against the applicant. He submits that the applicant is innocent and was never involved in committing the offence, as has been mentioned in the First Information Report. He next added that due to unavoidable circumstances, he could not appear before the court below. 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 Versus Counsel for Applicant(s) : Vijayendra Prakash Tripathi, Akhil Bhatt Counsel for Opposite Party(s): G.A. Vinay Harischandra Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another .....Opposite Party(s) and another (2022)10 SCC 51. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 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). The application is disposed of accordingly. September 2, 2025 kkv/ A482 No. 7326 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench