Pushpa Devi And Another vs State Of U.P. Thru. Addl. Chief Secy. ...
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Allahabad High Court

Pushpa Devi And Another vs State Of U.P. Thru. Addl. Chief Secy. ... on 29 August, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:51229
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW
 
APPLICATION U/S 482 No. - 7179 of 2025
 
Court No. - 14
 
HON'BLE SHREE PRAKASH SINGH, J.

At the very outset, learned counsel appearing for the applicants submits that he may be permitted to correct the application for Stay/Interim Relief as on place of 'Section 504', 'Section 506' has wrongly been transcribed. He submits that he may be permitted to correct the same during the course of the day.

Learned A.G.A. Appearing for the State has no objection to the contention aforesaid.

In view of the aforesaid, learned counsel for the applicants is permitted to amend the same during course of the day.

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 with the prayer to set aside the impugned summoning order dated 20.04.2024 passed by the Additional Civil (Senior Division)-III, /Additional Chief Magistrate, Ayodhya in Case No. 242/2023 Vs. Virendra Kumar & others and the impugned charge-sheet dated 22.12.2023 filed by the police in Case Crime No 242/U/s 406/506/506 IPC lodged at Police Station Kotwali Bikapur, District Ayodhya on 20.05.2022 and Non-Bailable Warrant 11.07.2025 issued by Additional Civil Judge (Senior Division)-III, / Additional Chief Judicial Magistrate, Ayodhya.

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 29, 2025

AKS