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2025 DAILYLAW 167664 (ALL)

SHIV KUMAR VERMA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER

A482/8394/2025 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8394 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 with the prayer to quash the summoning order dated-25-04-2025 and Non-Bailable Warrant dated-07.05.2025 passed by the Learned Additional Chief Judicial Magistrate, Court No. 20, Sultanpur arising out of Case Crime No. 157/2001, U/s, 457, 380 I.P.C., Police Station-Kamrauli, District- Sultanpur as well as charge sheet No. 42/2001 dated-10.12.2001 in which cognizance has been taken by the learned Additional Chief Judicial Magistrate, Sultanpur. Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. 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 and another (2022)10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. Versus Counsel for Applicant(s) : Pradeep Singh Somvanshi Counsel for Opposite Party(s) : G.A. Shiv Kumar Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another .....Opposite Party(s) 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). Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to him, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. The application is disposed of accordingly. September 26, 2025 AKS A482 No. 8394 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench