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2025 DAILYLAW 99447 (ALL)

VIVEK KUMAR TIWARI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/36921/2025 · 2025-09-23

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36921 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Devendra Kumar Misra, learned counsel for the applicants and Sri Vikas Sharma, learned State Law Officer, who appears for the State. 2. Though the application under Section 528 of BNSS has been preferred by the applicants for quashing the summoning order dated 09.11.2023 passed by learned lower Court as well as entire proceeding initiated against the applicants in pursuance thereof including N.B.W. in Complaint Case No.7205 of 2020, (Ashish Kumar Maurya Vs. M/s Harsh Vardhan Infrazone L.L.P. and others), Under Section 138 read with Section 141, Negotiable Instruments Act of Police Station Chakeri, District Kanpur Nagar pending in the Court of Presiding Officer, Additional Court-II, Kanpur Nagar for ends of justice, 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. 3. Sri Vikas Sharma, learned State Law Officer 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 Versus Counsel for Applicant(s) : Devendra Kumar Misra Counsel for Opposite Party(s) : G.A. Vivek Kumar Tiwari And Another .....Applicant(s) State of U.P. and another .....Opposite Party(s) application is preferred before the court below by 17.10.2025, 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 24, 2025 N.S.Rathour NA528 No. 36921 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad