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2025 DAILYLAW 170437 (ALL)

MOHD. SHAHBAAN (MENTIONED AS SHABAAN IN THE SUMMONINIG ORDER ) AND 2 OTHERS v. STATE OF U.P. AND OTHERS THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/11753/2024 · 2025-01-29

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6169 Court No. - 30 Case :- APPLICATION U/S 482 No. - 11753 of 2024 Applicant :- Mohd. Shahbaan (Mentioned As Shabaan In The Summoninig Order ) And 2 Others Opposite Party :- State Of U.P. And Others Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Amit Chaudhary,Purcham Mubarak Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. Sri Narendra Gupta, Advocate has filed his vakalatnama on behalf of the opposite party No.2 today in the Court, which is taken on record. Heard learned counsel for applicants as well as learned Additional Government Advocate for State. The present application under Section 482 Cr.P.C. has been filed to quash the impugned summoning order dated 28.06.2022 passed in Case No.6516/2021, under Sections 498-A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Leharpur, District Sitapur as well as entire criminal proceedings in pursuance thereof. Learned counsel for applicants, after arguing for some time, submits that present application may be dismissed as not pressed with liberty to file a bail application 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" to which learned A.G.A. for the State as well as learned counsel for the opposite party No.2 have no objection. In view of the above, the instant application is dismissed as not pressed. However, 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 Hon'ble the Supreme Court of India in the case of Satender Kumar Antil's case (supra). (Om Prakash Shukla,J.) Order Date :- 29.1.2025/Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench