Abhishek Singh And 2 Other vs State Of U.P. And Another
2024 Latest Caselaw 36204 ALL

Allahabad High Court

Abhishek Singh And 2 Other vs State Of U.P. And Another on 5 November, 2024

Author: Saurabh Srivastava

Bench: Saurabh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:172576
 
Court No. - 85
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 11118 of 2024
 

 
Petitioner :- Abhishek Singh And 2 Other
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Ravi Shankar Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Saurabh Srivastava,J.
 

1. Heard Sri Ravi Shankar Tripathi, learned counsel for petitioners and learned AGA for the State.

2. Present petition has been preferred with the following prayer:-

"A. to set aside the impugned judgment and order dated 01.08.2024 (Annexure No. 1) passed by the learned Additional Session Judge/FTC (Crime Against Women), Budaun in Criminal Revision No. 303 of 2024 (Abhishek Singh and others vs. State of U.P. and another).

B. to set aside the impugned judgement and order dated 25.10.2023 (Annexure No. 2) passed by the learned Civil Judge (Junior Division)/FTC (Crime Against Women), Budaun in Complaint No. 4836 of 2023 (Khushboo vs. Abhishek) under Section 498A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Dataganj, District Budaun."

3. Learned counsel for petitioners submitted that instant petition has been preferred against the judgment and order dated 01.08.2024 passed by learned Additional Session Judge/FTC (Crime Against Women), Budaun whereby revision preferred by the petitioners against the summoning order dated 25.10.2023 has been illegally rejected without considering the grounds of memo of revision.

4. On perusal of the impugned orders, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present petition, on the basis of which, impugned orders can be set aside.

5. Accordingly, the prayer for quashing the impugned orders, is refused.

6. Lastly, learned counsel for petitioners submitted that liberty may be granted to petitioner no. 1 to surrender before the court concerned and apply for bail and liberty may also be granted to petitioner nos. 2 and 3 to appear before the court concerned through their counsel to which learned AGA has no objection.

7. In view of the aforesaid, the instant petition is finally disposed of with a direction to the court concerned that in case, the petitioner no. 1 surrender before the court concerned within a period of 30 days from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). Insofar as petitioner nos. 2 and 3 are concerned, they are hereby permitted to appear before the court concerned through their counsel.

8. However, it is made clear that till 30 days from today, no coercive action shall be taken only against the petitioner no. 1.

Order Date :- 5.11.2024

Shaswat