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Radhey Shyam and Another v. State of U.P. and Another

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
29 October 2023
Case no.
A482 38735/2023

Judgment

Court No. - 86 Case :- APPLICATION U/S 482 No. - 38735 of 2023 Applicant :- Radhey Shyam And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned A.G.A. and perused the record.

¶2This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 31.3.2022, in complaint case no. 1155 of 2021, Paras Nath Vs Radhey Shyam and others, under section 452, 323, 504, 506, 427 I.P.C. P.S. Phoolpur, District Allahabad, passed by A.C.J.M, Court No.7, Allahabad as well as quash the entire proceeding of compliant case no. 1155 of 2021, Paras Nath Vs. Radhey Shyam and others, under section 452, 323, 504, 506, 427 I.P.C. P/S. Phoolpur, District Allahabad, pending in the court of A.C.J.M, Court No.7, Allahabad.

¶3Learned counsel for the applicants has made a statement at the bar, on instructions, that he does not want to press other prayers made in the application and states that the applicants are ready to surrender before the court below and seek their bail and that their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51.

¶4Per contra, learned A.G.A. has submitted that he has no objection to the prayer made by learned counsel for applicants for not pressing the other prayers made in the application.

¶5In view of the above, in case the applicants appear before the court below within three weeks from today and seek bail, their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51.

¶6With the aforesaid observations, this application filed u/s 482 Cr.P.C. is finally disposed of. Order Date :- 30.10.2023 R High Court of Judicature at Allahabad

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.