Pankaj Kumar And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5279 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 
Case :- APPLICATION U/S 482 No. - 3774 of 2022
 
Applicant :- Pankaj Kumar And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko. And Another
 
Counsel for Applicant :- Mohd.Imran Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for applicants and learned A.G.A. for the State as well as perused the record.

In view of order being proposed to be passed, notices to respondent no.2 stand dispensed with.

Application under Section 482 Cr.P.C. has been filed with prayer to quash the entire proceeding of Case Crime No.309 of 2020, under Sections 147, 452, 504 and 506 I.P.C, Police Station Biswan District Sitapur as well as charge sheet dated 25.07.2020.

It is submitted that the present case is covered by judgment rendered by Hon'ble Supreme Court in the Case of Satender Kumar Antil versus Central Bureau of Investigation and another passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 on 7.10.2021 since the offences against applicants indicated in the charge-sheet are within category A of the aforesaid judgment.

Learned counsel for applicants submits that applicants had cooperated and were not arrested during investigation.

Learned A.G.A. appearing on behalf of State does not dispute the aforesaid facts.

In view of aforesaid submissions advanced by learned counsel for parties, it is evident that offences against applicants indicated in the charge-sheet clearly fall under category A of judgment in the case of Satender Kumar Antil(supra).

In view of aforesaid, applicants are granted benefit of judgment rendered in the aforesaid case of Satender Kumar Antil (supra).

The petition is disposed of accordingly.

Order Date :- 17.6.2022

J.K. Dinkar