Habib And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5519 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 
Case :- APPLICATION U/S 482 No. - 4033 of 2022
 
Applicant :- Habib And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Roshan Babu Gupta
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Mathur,J.

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

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

Petition under Section 482 Cr.P.C. has been filed with prayer to quash the impugned summoning order dated 02.03.2022 and charge-sheet dated 09.01.2015 arising out of Case Crime No.1023 of 2014, under Sections 452, 323, 504,506 of IPC, Police Station Kachhauna, District Hardoi.

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 petitioners indicated in the charge-sheet are within category A of the aforesaid judgment. Learned counsel for petitioners submits that petitioners had cooperated and was 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 petitioners indicated in the charge-sheet clearly fall under category A of judgment in the case of Satender Kumar Antil(supra).

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

The petition is disposed of accordingly.

Order Date :- 28.6.2022

Subodh/-