Urmila Dubey And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 6246 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 4281 of 2022
 

 
Applicant :- Urmila Dubey And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko. And Another
 
Counsel for Applicant :- Jitendra Kumar Pandey,Diwakar Nath Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Jitendra Kumar Pandey, learned counsel for the applicants, Ms. Zeba Islam Siddiqui, learned A.G.A. for the State and perused the material on record.

The present application under Section 482, Cr.P.C. has been filed by the applicants to quash the summoning order passed by Additional Chief Judicial Magistrate, Court No. 18, Sultanpur in Case No. 5171 of 2022, arising out of Case Crime No. 439 of 2021, under Section 147, 452, 323, 504, 506, 427, Indian Penal Code, Police Station Jaisinghpur, District Sultanpur as well as charge sheet.

Learned counsel for the applicants submits that the first information report has been lodged on the basis of false and frivolous allegations. It is further submitted that in the present matter, charge sheet has been submitted without arresting the applicants and the cognizance has also been taken in the present case. It is further submitted that the applicants have also sustained injury in the incident and they filed an application under Section 156(3), Cr.P.C. to lodge the first information report against the first informant and others, which is pending till today.

After some arguments, learned counsel for the applicants wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another, 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director, 2021 SCC Online SC 941.

The application stands disposed of with the aforesaid liberty.

Order Date :- 7.7.2022

T. Sinha