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2025 DAILYLAW 47345 (ALL)

ANIL KUMAR v. STATE OF U.P. AND ANOTHER

NA528/13948/2025 · 2025-05-06

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74132 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13948 of 2025 Applicant :- Anil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anup Singh,Ravi Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Anup Singh, learned counsel for the applicant and Sri S.K. Singh, learned A.G.A., who appears for the State. 2. Though the application under Section 528 BNSS has been preferred by the applicant for quashing the impugned summoning order dated 01.04.2017 passed by the court of learned Civil Judge (S.D.)/J.M. Jalesar, Etah in Complaint Case no. 73 of 2016 (Smt. Madhu Kumari vs. Anil Kumar) under section 498A, 323 IPC and section 3/4 D.P. Act, P.S. Jalesar, District Etah but the learned counsel for the applicant has confined the relief only for a direction for consideration of the bail application before the court below with expedition. 3. Learned A.G.A. has no objection to the same. 4. Considering the submissions so made across the Bar and the application stands disposed of directing the applicant to surrender and apply for bail by 30.05.2025 and on the said motion the court below shall consider the same, strictly in accordance with the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, (2022) 10 SCC 51. 5. Till the disposal of the bail application, no coercive action shall be taken against the applicant with respect to the impugned summoning order dated 01.04.2017 passed by the court of learned Civil Judge (S.D.)/J.M. Jalesar, Etah in Complaint Case no. 73 of 2016 (Smt. Madhu Kumari vs. Anil Kumar) under section 498A, 323 IPC and section 3/4 D.P. Act, P.S. Jalesar, District Etah. 6. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 7.5.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad