Allahabad High Court
A482/9959/2025 of KUNJ BIHARI SHUKLA Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS on 11 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9959 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant for the following
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 9959 of 2025
Court No. - 13
HON'BLE SAURABH LAVANIA, J.
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1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.
2. The present application has been filed by the applicant for the following main relief(s):- "1. Set aside the entire criminal proceeding including the impugned Charge Sheet arising out of Case Crime No. 0037/2024, U/s- 420 and 406 I.P.C., P.S. Hussainganj, Lucknow, U.P. contained as Annexure No. 2, to this petition;
2. Set aside the impugned summoning order dated 07.01.2025, passed by Additional Chief Judicial Magistrate first Lucknow arising out of Case Crime No. 0037/2024, U/s- 406 and 420 I.P.C., P.S. Hussainganj, Lucknow, U.P., contained as Annexure No. 1 to this petition; stay the further proceedings of pending before Additional Chief Judicial Magistrate first Lucknow arising out of Case Crime No. 0037/2024, U/s- 420 and 406 I.P.C., P.S. Hussainganj, Lucknow, U.P. titled as State vs. Kunj Bihari Shukla quash the impugned First Information Report dated 04.04.2024 bearing Case Crime No. 0037/2024, U/s- 420 and 406 I.P.C., P.S. Hussainganj, Lucknow, U.P. pass any other order or direction which this Hon'ble Court may deem, fit, just and proper in favour of the petitioner."
3. Considering the facts of the case as also the punishment provided for the offence under Sections 420, 406 IPC as also the observations made by the Hon'ble Apex Court in the judgment passed in the case(s) of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690, without observing anything on merits, the present application is disposed of with liberty to the applicant to prefer an application in terms of judgment passed by the Hon'ble Apex Court in the case of Satender Kumar Antil (Supra), which shall be decided most expeditiously, and also thereafter to prefer an application seeking discharge based upon the judgment passed in the case of Delhi Race Club (Supra) and other law, which shall be considered and decided by the concerned court by passing a reasoned and speaking order within a period of four months from the date of production of certified copy of this order, if possible and if there is no other legal impediment in this regard.
4. With the aforesaid observations, the present application is disposed of.
December 11, 2025 Jyoti/- Versus Counsel for Applicant(s) : Shashvat Bhatt, Tripti Gupta Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.)
Kunj Bihari Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench