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2025 DAILYLAW 41121 (ALL)

M/S RAI INDUSTRIES THROUGH ITS PROPRIETOR MANOJ RAI v. STATE OF U.P. AND ANOTHER

A227/3675/2025 · 2025-05-06

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73378 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 3675 of 2025 Petitioner :- M/S Rai Industries Through Its Proprietor Manoj Rai Respondent :- State of U.P. and Another Counsel for Petitioner :- Tarkeshwar Mishra Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed to stay the effect and operation of summoning order dated 17.03.2020 passed by learned Special Chief Judicial Magistrate, Meerut in Complaint Case No.732/2020 (M/s Vishal Agro vs. M/s Rai Industries and others) under section 420 IPC, Police Station Brahampuri, District Meerut as well as order dated 13.01.2025 passed learned Additional Session Judge, Court No.09, Meerut in Criminal Revision No.614 of 2023 (M/s Rai Industries and another vs. M/s Vishal Agro Industries and another) during the pendency of the present petition before this Court. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the petitioner. Accordingly, prayer of the petitioner is refused. However, considering the prayer made by learned counsel for the petitioner, it is directed that in case the petitioner applies for bail before the concerned court within four weeks from today, the same shall be considered and disposed of expeditiously, in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the petitioner under the aforesaid case. With the above observations, this petition is disposed of. Order Date :- 7.5.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad