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2025 DAILYLAW 163453 (ALL)

YASHODA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/9380/2024 · 2025-05-08

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27153 Court No. - 12 Case :- APPLICATION U/S 482 No. - 9380 of 2024 Applicant :- Yashoda And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anubhav Yadav Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Anubhav Yadav, learned counsel for applicants as well as learned Additional Government Advocate for State. 2. The present 482 Cr.P.C. application has been filed for quashing the summoning order dated 19.03.2024, passed by the Judicial Magistrate, Mushafirkhana, Sultanpur in Case No. 52 of 2023 - Smt. Suraj Kumari Vs. Virendra and Others whereby applicant no. 2 is summoned under Sections 232, 504 and 506 IPC while applicant nos. 2 to 4 have been summoned under Sections 323, 504, 506 and 354 IPC, Police Station - Mushafirkhana, District - Sultanpur as well as entire proceedings of the aforesaid case. 3. Learned counsel for applicants, after arguing the matter at some length, submits that grievance of applicants shall be substantially redressed in case applicants are granted liberty to file bail application(s) before the Court concerned, which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021". 4. Learned A.G.A. has no objection in case suitable directions are issued to the Court concerned to consider and decide the applicants application(s) for bail in view of the law laid down by the Apex Court in the case of Satender Kumar Antil (supra). 5. In view of the above, prayer for quashing the impugned proceeding as well as summoning order is refused. So far as other prayer is concerned, it is provided that in case the applicants appear before the trial Court within two weeks from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra). 6. The application is accordingly disposed of. Order Date :- 8.5.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench