DURBAL AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/10060/2025 · 2025-11-27
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183670 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183670 (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. - 10060 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 for the following main reliefs:
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set aside the summoning order dated 26.06.2025 and Charge Sheet No. 01/2020, dated 24.09.2020 arising out of the Case Crime No.0535/2018, under section 147, 323, 308 IPC, Police Station-Madiyaon, District-Lucknow, in Case No.65486/2025, titled as State V/s Durbal and others, pending in the court of Learned Judicial Magistrate-III, Lucknow, against the Petitioners, as contained in Annexure No.1 and 2 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Case No.65486/2025, titled as State V/s Durbal and others, in Case Crime No.0535/2018, under section 147, 323, 308 IPC, Police Station-Madiyaon, District-Lucknow, pending in the court of Learned Judicial Magistrate-III, Lucknow, during pendency of the petition, in the interest of justice."
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 Versus Counsel for Applicant(s) : Satyendra Singh, Vinod Tripathi Counsel for Opposite Party(s) : G.A. Durbal And 7 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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 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).
5. For a period of three weeks from today, no coercive action shall be taken against the applicants in the aforesaid case.
6. The application stands disposed of. November 27, 2025 Sachin A482 No. 10060 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench