SHYAMU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
/1955/2025 · 2025-11-27
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185660 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185660 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1955 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 has been filed for the following main relief:
"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash impugned summoning order dated 12.9.2025 passed by Special Judge (POCSO Act), District-Lakhimpur-Kheri in Criminal Case No. 1069 of 2025, State Vs. Shyamu as well as against Charge Sheet No. 162 of 2024 dated 23.10.2024, arising out of Case Crime No. 190 of 2024, U/S- 76, 351(2), 352 of B.N.S., 2023 (Old Provision 354-B, 506, 504 of IPC) and 7/8 of POCSO Act, Police Station-Shardanagar, District-Lakhimpur-Kheri, pending before Special judge(POCSO Act), District-Lakhimpur-Kheri, contained herein as Annexure No.1&2 to this petition."
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 Versus Counsel for Applicant(s) : Santosh Kumar Kanaujia Counsel for Opposite Party(s) : G.A. Shyamu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....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).
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 27, 2025 Sachin NA528 No. 1955 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench