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2025 DAILYLAW 184831 (ALL)

DEEPTI @ DEEPPTI v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1665/2025 · 2025-11-03

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1665 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed seeking quashing of the summoning order dated 29.05.2025, passed by the learned Court of Additional Chief Judicial Magistrate, Court No.48, Barabanki in complaint case no.219/2025, under Section – 138 N.I. Act, Police Station – Kotwali Nagar, District Barabanki and also be pleased to quash the further proceedings of Complaint Case No.219 of 2025, under Section 138 of Negotiable Instruments Act, 1881, Police Station – Kotwali Nagar, District Barabanki [Pinki vs. Deepti] pending before the Court of learned Additional Chief Judicial Magistrate, Court No.48, Barabanki. 3. At the very outset, learned counsel for the applicant submits that he does not want to press this application on merits. However, he submits that the applicant will surrender before the trial court and apply for bail. He prays that the applicant 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 applicant surrenders before the Court below within three weeks from today and prefers 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). Thereafter, the applicant may also move discharge application, which will be decided by the court below expeditiously. 5. For a period of three weeks from today, no coercive action shall be taken Versus Counsel for Applicant(s) : Hari Krishna Srivastava, Mohan Lal Sahu, Surendra Kumar Tripathi, Sweta Swarankar Counsel for Opposite Party(s) : G.A. Deepti @ Deeppti .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another .....Opposite Party(s) against the applicant in the aforesaid case. 6. The application stands disposed of. November 3, 2025 mks NA528 No. 1665 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench