Hari Babu v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 40147 of 2023 Applicant :- Hari Babu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pushkar Nath Tripathi,Jai Prakash Prasad Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

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

¶2This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 1.7.2023 passed by Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 2, Fatehpur, in complaint case No. 9642 of 2022, Lalita Vs. Hari Babu, under section 504, 376 I.P.C., P.S. Ghazipur, District Fatehpur, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.2, Fatehpur.

¶3Learned counsel for the applicant 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 applicant is ready to surrender before the court below and seek his bail and that his 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 applicant for not pressing the other prayers made in the application.

¶5In view of the above, in case the applicant appears before the court below within three weeks from today and seeks bail, his 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 :- 1.11.2023 R High Court of Judicature at Allahabad