SHIV KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/8618/2025 · 2025-10-09
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168523 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168523 (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. - 8618 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The present application has been filed seeking quashing of impugned summoning order dated 18.9.2017 passed by the Additional Chief Judicial Magistrate/Civil Judge (Senior Division)/FTC, Balrampur as well as entire proceedings of Complaint Case no.248 of 2017 under Sections 498A, 323, 427, 494 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Pachpedwa, District Balrampur, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Balrampur and NBW order dated 17.6.2022 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Balrampur.
3. At the very outset, counsel for the applicant states that applicant will surrender before the trial court and apply for bail. However, he has submitted that applicant may be granted the benefit of the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in (AIR 2022 SC 3386).
4. It is, therefore, directed that in case the applicant surrenders before the Court below within three weeks from today and prefers bail application, the trial court will decide the said bail application, as expeditiously as possible, taking into account the law laid down by the Supreme Court in Versus Counsel for Applicant(s) : Panna Lal Gupta, Amit Kumar, Radhey Shyam, Subrat Gupta Counsel for Opposite Party(s) : G.A. Shiv Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
the case of Satender Kumar Antil (supra).
5. For a period of three weeks from today, no coercive action shall be taken against the applicant in the aforesaid case.
6. The application stands disposed of. October 9, 2025 Sachin A482 No. 8618 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench