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2025 DAILYLAW 201971 (ALL)

BIRENDRA KUMAR CHOUDHARY v. STATE OF U.P. THRU. ITS PRIN. SECY. FOOD AND CIVIL SUPPLY LKO.AND 2 OTHERS

A482/8793/2025 · 2025-10-16

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8793 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 with the following prayers: "WHEREFORE, it is most respectfully prayed to this Hon'ble Court maykindly be pleased to quash the Chargesheet dated Nil submitted by Inspector Food Circle-Barai Jalalpur i.e. Opp. Partyno.3andquashcomplaint case no. 48 F / 2002 and to quash summoning order dated-14.2.2002 and entire Proceeding of Criminal Complaint Case no. 48F/02 (State Vs. B.K. Choudhary Manager, Parag Dairy Sitapur & another contained as Annexure No. 1 & 2 respectively. It is further prayed to Hon'ble Court may please further and quash entire proceedings arising out from said First Information Report and pending before the Learned Trial Court." 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). Versus Counsel for Applicant(s) : Ajai Kumar Srivastava, Rajesh Kumar Lodhi Counsel for Opposite Party(s) : G.A. Birendra Kumar Choudhary .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Food And Civil Supply Lko.And 2 Others .....Opposite Party(s) 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 against the applicant in the aforesaid case. 6. The application stands disposed of. October 16, 2025 Sachin A482 No. 8793 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench