ASHOK KUMAR YADAV @ ASHOK YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/8185/2025 · 2025-09-25
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166747 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166747 (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. - 8185 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The instant application under Section 482 Cr.P.C has been filed with the following prayers:-
"i. Quash the Charge-Sheet dated 13.03.2020 arising out of FIR/Crime No. 0035 of 2020, under Sections 506 IPC and 3(2)(va) of the SC/ST Act, and the consequential proceedings of Special Trial No. 890 of 2020 (State of UP.Vs. Ashok Yadar), pending before the Ld. Court of Special Judge, SC/ST Act, Lucknow,
ii. Quash the summoning order dated 20.08.2020 passed by the Ld. Court of Special Judge, SC/ST Act, Lucknow in the aforesaid proceedings, being wholly illegal and without proper application of judicial mind"
3. Learned counsel for the applicant submits that the applicant is innocent and he has 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 Versus Counsel for Applicant(s) : Vishwakant Srivastava, Anchal Srivastava, Mohammad Azeem, Sheo Pal Singh Counsel for Opposite Party(s) : G.A. Ashok Kumar Yadav @ Ashok Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
the applicant on the ground that this is not a stage where minute and meticulous exercise with regard 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 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 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 files 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 application is disposed off accordingly. September 25, 2025 Anuj Singh A482 No. 8185 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench