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2025 DAILYLAW 52432 (ALL)

AWDHESH ALIAS BANTU AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/16910/2025 · 2025-05-19

Saurabh Srivastava

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:85079 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16910 of 2025 Applicant :- Awdhesh Alias Bantu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhand Pratap Singh,Shobhit Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicants to quash/set aside the impugned cognizance and summoning order dated 16.02.2024 issued by learned Special Chief Judicial Magistrate, Agra in Case no. 2940 of 2024 (State vs. Awdhesh alias Bantu and others) as well as charge sheet no. 86 of 2023 dated 23.10.2023, arising out of Case Crime no. 86 of 2023, under sections 504, 506 IPC and Section 11 of Prevention of Cruelty to Animals Act, 1960, PS- Jaitpur, District Agra along with entire proceeding. 3. At the very outset, learned counsel for the applicants has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 4. Learned AGA has no objection to the prayer so made. 5. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appears before the court concerned within three weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra). 6. For a period of three weeks from today, no coercive action shall be taken against the applicants. 7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants. 8. With the above direction, the instant application stands disposed of. Order Date :- 20.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad