ISHWAR DAYAL RATHOUR AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/7573/2025 · 2025-09-09
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 162904 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 162904 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7573 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicants for the following main reliefs:-
"to quash the impugned summoning order dated 28-03-2023 passed in Complaint 2252/2021 styled as Smt. Neelam versus Ishwar Dayal and others, under section 323, 354, 504, 506 I.P.C. P.S. Kotwali Dehat, District Hardoi pending before the learned Chief Judicial Magistrate, Hardoi and as well as Revisional Order Dated 20-05-2025 passed by learned Special Judge, POCSO Act Hardoi in Criminal Revision no. 133/2024, contained as Annexure no. 1 & 2 to this petition."
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 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 AGA has no objection to the prayer made by learned counsel for the applicants. Versus Counsel for Applicant(s) : Bhagwati Prasad Nigam, Anurag Shukla Counsel for Opposite Party(s) : G.A. Ishwar Dayal Rathour And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s)
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, prayer for bail shall be considered and decided expeditiously in accordance with law. 6.
Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. It is made clear that in this regard, no application shall be entertained. September 9, 2025 Mohit Singh/- A482 No. 7573 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench