ISHWAR SAHAY AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/9202/2025 · 2025-10-31
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174917 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174917 (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. - 9202 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Vakalatnama filed by Shri Sheetla Prasad, Advocate on behalf of opposite party no. 2 is taken on record.
2. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for opposite party no. 2 and perused the material placed on record.
3. The present 482 Cr.P.C. application has been filed with a prayer to quash the summoning order dated 19.12.2024 and its consequential orders dated 16.5.2025 and 10.10.2025 passed by Chief Judicial Magistrate, Ambedkar Nagar, in Complaint Case No.9502 of 2024, (Sheetla Prasad vs. Kamla Devi ) under Section 420, 467, 468 IPC Police Station Jalalpur, District Ambedkar Nagar.
4. At the very outset, counsel for the applicants states that the offence is punishable upto seven years and applicants will surrender before the court below and apply for bail. However, he has submitted that the applicants 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).
5. It is therefore, directed that in case the applicants surrender before the Court below within one week from today and prefer bail application, the court below will decide the said bail application within two weeks thereafter taking into account the law laid down by the Supreme Court in Satender Kumar Antil (supra). Versus Counsel for Applicant(s) : Syed Amir Hasan, Afaq Zaki Khan Counsel for Opposite Party(s) : G.A. Ishwar Sahay And 7 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
6. For a period of three weeks. no coercive action shall be taken against the applicants in the aforesaid case and in case, non-bailable warrant is issued, the same may also be kept in abeyance.
7. The application stands disposed of.
8. It is made clear that no application for extension of time shall be entertained if this order is not availed by the applicants in the stipulated period of time. October 31, 2025 Pks A482 No. 9202 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench