SIKANDAR AND 3 OTHERS v. STATE OF U.P. THRU. SECY. MINISTRY OF HOME AFFAIRS LKO. AND ANOTHER
/9792/2025 · 2025-11-19
Brij Raj Singh
Transfer Petitionbody2025
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[ 2025 DAILYLAW 181919 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181919 (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. - 9792 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicants, learned AGA and perused the record.
2. The present application has been filed with the following main prayers:
"(I) To issue a order or directions for quashing the Charge sheet submitted by the Police of P.S. Dostpur Distt Sultanpur vide charge sheet no.148 dated 21.2.2018 filed in the crime no.318 of 2017 under section 308/323/ 504 I.P.C registered at P.S. Dostpur Distt Sultanpur as contained in annexure no.l to the application. (ii) To issue a order or directions for staying the further proceedings of the criminal case no.3922 of 2025 under section 308/323/504 I.P.C. pending before the court of Addl chief Judicial Magistrate III Sultanpur."
3. At the very outset, learned counsel for the applicants submits that he does not want to press this application on merits. However, he submits that the applicants will surrender before the trial court and apply for bail. He prays 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).
4. It is, therefore, directed that in case the applicants surrender before the Court below within three weeks from today and prefer bail application, the Versus Counsel for Applicant(s) : Ramesh Chandra Pathak, Mohit Pathak Counsel for Opposite Party(s) : G.A. Sikandar And 3 Others .....Applicant(s) State Of U.P. Thru. Secy. Ministry Of Home Affairs Lko. And Another .....Opposite Party(s)
trial court will decide the said bail application, as expeditiously as possible, taking into account the law laid down by the Supreme Court in the case of Satender Kumar Antil (supra). In case any application for discharge is moved by the applicants, the same may also be decided by the court below.
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. November 19, 2025 Sachin A482 No. 9792 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench