An application under Section 482 CrPC seeking to quash impugned complaint and summoning orders was disposed of, granting liberty to file an expeditiously decided bail application to the trial court.
Liberty granted to file bail application before trial court, directed to be decided expeditiously.
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Neutral Citation No. - 2024:AHC-LKO:73492
Court No. - 12
Case :- APPLICATION U/S 482 No. - 9975 of 2024
Applicant :- Anil Kumar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Ramakar Shukla,Subodh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.
The present application has been filed by the applicants seeking following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned complaint dated 26.04.2023 and order of cognizance and summoning order dated 18.09.2024 passed by learned IIIrd Additional Chief Judicial Magistrate in Complaint Case No. 865/2023 Sada Pyari Vs. Anil Kumar & others" Under Section 323, 452, 506 IPC, Police Station Hyderabad, District Lakhimpur Kheri whereby petitioners have been summoned to face the trauma of trial."
After arguing the matter at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be directed to be decided expeditiously in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 .
Learned AGA has no objection to the prayer made by learned counsel for the applicants.
Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.
Order Date :- 7.11.2024 Arun/-
Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench
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Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶9
Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 · Who else cites this
Anil Kumar And Others
State Of U.P.
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
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