Partly allowed

Hawaldar Alias Rajendra and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC8 May 2025A482/3664/2025

Case brief

AI extract

What is this about?

The applicant sought quashing of criminal proceedings and a summons under Sections 482 CrPC and various IPC offences. The court refused the quashing prayer but directed the matter to be decided instead through a bail application as per the law laid down by the Supreme Court in Satender Kumar Antil.

What did the court decide?

Prayer for quashing of proceedings refused; liberty granted to file a bail application within two weeks.

Hawaldar Alias Rajendra and 2 Others Vs State of U.P… — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:26986

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 3664 of 2025 Applicant :- Hawaldar Alias Rajendra And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dilip Kumar Chaudhary,Mirza Shahid Baig Counsel for Opposite Party :- G.A.

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Hon'ble Alok Mathur,J.

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Heard Sri Dilip Kumar Chaudhary, learned counsel for applicants as well as learned Additional Government Advocate for State.

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This application U/S 482 Cr.P.C. has been filed for quashing the entire proceedings of the Complaint Case No. 1123/2023, Criminal Misc. Case No. 8070/2022 (Ramawati alias Jaysuri Vs. Hawaldar Alias Rajendra and others) and the impugned summoning order dated 05.07.2024 passed by the Additional Civil Judge (Jr. Div.) Court No. 7, Gonda by means of which the court has summoned the petitioner's U/S 323, 452, 354, 504, 506 IPC, Police Station Kotwali Dehat, District Gonda.

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Learned counsel for applicants, after arguing at some length submits that grievance of the applicants shall be redressed in case liberty is granted to the applicants to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" to which learned A.G.A. has no objection.

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In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the appellant appears before the trial court within two weeks from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).

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The appeal is disposed of accordingly.

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(Alok Mathur, J.)

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Order Date :- 8.5.2025/Ravi/

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Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

Hawaldar Alias Rajendra and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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Hawaldar Alias Rajendra and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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