Suman Yadav And Another vs State Of U.P. And Another
2024 Latest Caselaw 37152 ALL

Allahabad High Court

Suman Yadav And Another vs State Of U.P. And Another on 12 November, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:177050
 
Court No. - 74
 

 
Case :- APPLICATION U/S 482 No. - 34257 of 2024
 

 
Applicant :- Suman Yadav And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Neeraj Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Mathur,J.
 

Heard learned counsel for applicants and learned A.G.A. for opposite party No.1. In view of order being passed notice to opposite party No.2 stands dispensed with.

Application under Section 482 Cr.P.C. has been filed challenging summoning order dated 16th May, 2022 as well as proceedings of complaint case No. 3571 of of 2018 (Gama Yadav versus Suman and others) under Sections 504, 427, 379 IPC, P.s. Khorabgar, District Gorakhpur.

Learned counsel for applicants submits that the application under Section 156(3) Cr.P.C. has been filed only as a measure of retribution since applicant No.1 filed an application under Section 125 Cr.P.C. against son of opposite party No.2 to whom on the applicant no.1 is married. It is submitted that the present complaint case has been lodged only due to matrimonial dispute.

After arguing the matter at some length learned counsel for applicants submits on the basis of instructions that the applicant should be provided benefit of judgment rendered by Hon'ble the Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation & Another (Petition for Special Leave to Appeal (Cri) No.5191 of 2021) dated 07.10.2021.

Learned Additional Government Advocate has no objection to the prayer made by learned counsel for applicant.

On due consideration to the submissions of learned counsel for parties, it is provided that in case applicants appear before the trial court within fifteen days from today and file bail application, the same shall be considered and decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).

In view of aforesaid, the application is disposed of.

Order Date :- 12.11.2024

Prabhat