Dilip Kumar Gupta and Another Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Dilip Kumar Gupta and Another Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicants to move an appropriate application for discharge through counsel before the concerned court below within fifteen days, to be considered and decided in view of the law laid down by the Supreme Court in Satender Kumar Antil v. CBI; the Section 482 petition, having been not pressed, was finally disposed of.

Issue for consideration

Whether the summoning order dated 9.8.2024 passed in Criminal Case No.853 of 2024 under Sections 504, 506, 384 IPC ought to be quashed by means of the present application under Section 482 Cr.P.C.

Court's answer

The applicants did not press the Section 482 application; the Court directed that in case the applicants move an appropriate application for discharge through counsel before the concerned court below within a period of fifteen days, the same shall be considered and decided in view of the law laid down by the Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Alok Mathur, J.), Application U/S 482 No. 3722 of 2025, Dilip Kumar Gupta and another v. State of U.P. and another, decided 12.5.2025 (Neutral Citation 2025:AHC-LKO:27603): Applicants sought quashing of the summoning order dated 9.8.2024 passed in Criminal Case No.853 of 2024 (Ashok Kumar Vs. Rajni Gupta and others) by the Additional Civil Judge (Senior Division 1st)/Additional Chief Judicial Magistrate, Sultanpur, whereby they were summoned under Sections 504, 506, 384 IPC, P.S. Kotwali Nagar, District Sultanpur. Counsel for the applicants did not press the application and sought liberty to move a discharge application before the trial court, to which the A.G.A. had no objection. The Court disposed of the petition, directing that if the applicants move an appropriate discharge application through counsel before the concerned court below within fifteen days, it shall be considered and decided in view of the law laid down by the Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No.5191 of 2021.

Neutral Citation No. - 2025:AHC-LKO:27603

Court No. - 12

Case :- APPLICATION U/S 482 No. - 3722 of 2025 Applicant :- Dilip Kumar Gupta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Satyendra Nath Mishra Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

2.The supplementary affidavit filed today is taken on record.

The present application under Section 482 Cr.P.C., has been filed by the applicants for quashing the impugned order dated 9.8.2024 passed in Criminal Case No.853 of 2024 (Ashok Kumar Vs. Rajni Gupta and others) by Additional Civil Judge (Senior Division 1st)/ Additional Chief Judicial Magistrate, Sultanpur whereby the petitioners have been summoned under Sections 504, 506, 384 IPC, police station Kotwali Nagar, District Sultanpur.

After arguing for sometime, learned counsel for the applicants submits that he does not want to press this application and seeks liberty to move an application for discharge through counsel before the trial court and the same may be decided by the learned trial court 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.

Accordingly, it is provided that in case, the applicants move an appropriate application for discharge through counsel before the concerned court below within a period of fifteen days from today, the same shall be considered and 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" , by the concerned trial court.

With the aforesaid directions, this petition is finally disposed of.

(Alok Mathur, J.)

Order Date :- 12.5.2025

RKM.

Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench