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2025 DAILYLAW 180934 (ALL)

RAHUL KUMAR @ RAHUL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/8928/2025 · 2025-11-03

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8928 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant for the following main relief(s):- "(i) quash the entire proceeding of the case bearing no. 4308 of 2024 (State versus Rahul Kumar) arising out in Case Crime No. 457/2023 U/s- 420, 406 IPC, Police Station- Kotwali Nagar, District- Gonda, pending before C.J.M. Gonda, as well as impugned charge sheet bearing no. 01 dated 05.08.2023 and impugned order dated 23.01.2024 by which the Cognizance taken by Concern Magistrate and issued summon, in the interest magistrate, as contained in Annexure No.1 and 2 of this Petition. (ii) stay the entire proceeding of the case bearing no. 4308 of 2024 (State versus Rahul Kumar) arising out in Case Crime No. 457/2023 U/s- 420, 406 IPC, Police Station- Kotwali Nagar, District- Gonda, pending before C.J.M. Gonda." 3. Considering the facts of the case as also the punishment provided for the offence under Sections 420, 406 IPC as also the observations made by the Hon'ble Apex Court in the judgment passed in the case(s) of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690, without observing anything on merits, the present application is disposed of with liberty to the applicant to prefer an application in terms of judgment passed by the Hon'ble Apex Court in the case of Satender Kumar Antil (Supra), which shall be decided most expeditiously, and also thereafter to prefer an application seeking discharge based upon the judgment passed in the case of Delhi Race Club (Supra) and other law, which shall be considered and decided by the concerned court by passing a reasoned and speaking order within a period of four months from the date of production of certified copy of this order, if possible and if there is no other legal impediment in this regard. 4. With the aforesaid observations, the present application is disposed of. November 3, 2025 Arun/- Versus Counsel for Applicant(s) : Arun Kumar Tewari Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Rahul Kumar @ Rahul .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench