Shiv Kumar and 4 others v. State of U.P. thru Principal Sec. Home and another
A482/9737/2025 · 2025-11-18
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188986 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188986 (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. - 9737 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 under Section 528 B.N.S.S./Section 482 Cr.P.C. has been filed seeking following main relief:-
"That in Case Crime No.- 0138 of 2024, under Section- 147, 354-A, 354- B, 323, 504, 506 I.P.C. / Section- 191(2), 75, 76, 115(2), 352, 351(2)/(3) BNS at Police Station Gosainganj, District- Lucknow registered by Opposite Party No.- 2 (State Vs Shiv Kumar and others) in which Police send Chargesheet No.- 01/2024 under Section- 147, 354-A, 354-B, 323, 504, 506 I.P.C. / Sectionz 191(2), 75, 76, 115(2), 352, 351(2)/(3) BNS to the Court of Additional Chief Judicial Magistrate- III Lucknow and on dated 13/12/2024 the Court of Additional Chief Judicial Magistrate- III Lucknow took cognizance and issued Summoning Order. This Hon'ble High Court may kindly be pleased to quash the Chargesheet and Summoning Order at Annexure No. 2 and Annexure No. 3."
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). Versus Counsel for Applicant(s) : Vijay Shankar Singh, Muzammil Asad Counsel for Opposite Party(s) : G.A. Shiv Kumar And 4 Others .....Applicant(s) State Of U.P. Thru Principal Sec. Home And Another .....Opposite Party(s)
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 18, 2025 Mohit Singh/- A482 No. 9737 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench