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2025 DAILYLAW 43578 (ALL)

SANJEEV KUMAR AND ANOTHER v. STATE OF U.P THROUGH ITS PRINCIPAL SECRETARY (HOME) AND 3 OTHERS

NA528/12713/2025 · 2025-09-25

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12713 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Arman Srivastava (AoR No.0732 of 2024), learned counsel for the applicants submits that though the application under Section 528 of BNSS has been preferred by the applicants for quashing the entire criminal proceeding and impugned summoning order dated 03.03.2025 under section 354, 354A of I.P.C. and 7/8 POCSO Act passed by the Court of learned Special Judge POCSO Act/Additional Session Judge, Bareilly in Complaint Case No.50 of 2024 pending before the Court of learned Special Judge POCSO Act/Additional Session Judge, Bareilly, however, as per the instructions received from his client, the applicants confines his relief to the extent of enlargement on bail before the court below in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, (2022) 10 SCC 51. Though the name of Sri Kunwar Janmejay Pratap Singh is printed on behalf of O.P. No.2, but he is not present in the revised list. 3. Learned A.G.A. has no objection to the same. 4. Considering the submissions raised at the Bar and the statements so sought to be made by them, the application stands disposed of while observing that in case appropriate proceeding in the form of bail application is preferred before the court below, then the same shall be decided with most expedition strictly in accordance with the law of the land keeping in view the judgment in the case of Satender Kumar Antil (supra). September 26, 2025 N.S.Rathour Versus Counsel for Applicant(s) : Satendra Kumar Sharma Counsel for Opposite Party(s) : G.A., Kunwar Janmejay Pratap Singh (Vikas Budhwar,J.) Sanjeev Kumar and another .....Applicant(s) State of U.P through its Principal Secretary (Home) and 3 others .....Opposite Party(s) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad