Lavkush vs State of U.P. Thru. Prin. Secy. Home Deptt… — Dowry and Cruelty | Allahabad HC (2026)

Lavkush vs State of U.P. Thru. Prin. Secy. Home Deptt… — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application disposed of without adjudication on merits (counsel did not press the quashing prayer). Directions: (i) if the applicant surrenders within three weeks and files a bail application, the trial court to decide it expeditiously in light of Satender Kumar Antil v. CBI, AIR 2022 SC 3386; (ii) no coercive action against the applicant for three weeks. Quashing of the summoning order/proceedings was neither pressed nor granted.

Issue for consideration

Whether the summoning order dated 15.07.2024 passed by the Additional Chief Judicial Magistrate, Court No. 25, Barabanki in Case No. 04/2025 (Sulochana Versus Lavkush and others) and the entire proceedings arising therefrom under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act ought to be quashed.

Court's answer

In case the applicant surrenders before the court below within three weeks and prefers a bail application, the trial court shall decide that bail application as expeditiously as possible, taking into account the law laid down by the Supreme Court in Satender Kumar Antil (supra).

Ratio / Principle

For a period of three weeks from the date of the order, no coercive action shall be taken against the applicant in the aforesaid case.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Brij Raj Singh, J. — Application under Section 528 BNSS No. 1329 of 2026 (Lavkush v. State of U.P. and another) sought quashing of the summoning order dated 15.07.2024 passed by the Additional Chief Judicial Magistrate, Court No. 25, Barabanki, in Case No. 04/2025 (Sulochana v. Lavkush and others) under Sections 498A, 323, 504, 506 IPC and Sections 3/4 D.P. Act. Counsel for the applicant did not press the application on merits and prayed for the benefit of Satender Kumar Antil v. Central Bureau of Investigation, AIR 2022 SC 3386. Held/Directed: (i) on surrender within three weeks and filing of a bail application, the trial court to decide the bail application expeditiously taking into account the law laid down in Satender Kumar Antil; (ii) no coercive action against the applicant for three weeks. Application disposed of (order dated April 7, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1329 of 2026

Lavkush

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Farooq Ayoob, Mansi Gupta Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant, learned AGA and perused the record.

The present application has been filed with the following prayer:

"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of against the summoning order dated 15.07.2024 passed by the Additional Chief Judicial Magistrate, Court no. 25, Barabanki, in case no.04/2025 (Sulochana Versus Lavkush and others) by means of which the petitioner have been issued Summoning Order to face the trail U/S- 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act I.P.C. as contained in ANNEXURE NO. 1 respectively to this petition, in the interest of law and Justice."

At the very outset, learned counsel for the applicant submits that he does not want to press this application on merits. However, he submits that the applicant will surrender before the trial court and apply for bail. He prays that the applicant may be granted the benefit of the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in (AIR 2022 SC 3386).

It is, therefore, directed that in case the applicant surrenders before the Court below within three weeks from today and prefers bail application, the trial court will decide the said bail application, as expeditiously as

NA528 No. 1329 of 2026

2

possible, taking into account the law laid down by the Supreme Court in the case of Satender Kumar Antil (supra).

For a period of three weeks from today, no coercive action shall be taken against the applicant in the aforesaid case.

The application stands disposed of .

(Brij Raj Singh,J.)

April 7, 2026

Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench