Citation : 2025 Latest Caselaw 8375 ALL
Judgement Date : 25 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:49676 HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6919 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
Heard learned counsel for the applicants,learned AGA for the State and perused the record.
Instant application under Section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed to with the prayer to quash the Summoning Order dated 09/1/2025 passed by the Additional Chief Judicial Magistrate, Room No. 13, District Pratapgarh and the Charge Sheet dated 05/7/2023 as contained in Annexure Nos. 1 & 2 to this Application as well as the entire proceedings of the Criminal Case No. 395/2025 "State of U.P. versus Ashish Kumar Singh and others" in Case Crime No. 73 of 2023, under Sections 147, 148, 149, 323, 504, 506, 308, 427, 325 I.P.C., Police Station Mandhata, District Pratapgarh, pending in the Cour of the Additional Chief Judicial Magistrate, Room No. 13, Distric Pratapgarh.
Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.
At this stage, learned counsel for the applicants submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.
On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).
The application is disposed of accordingly.
August 25, 2025
AKS
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