Dr. Rohit Yadav @ Rohit Kumar Yadav vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5663 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 
Case :- APPLICATION U/S 482 No. - 4100 of 2022
 
Applicant :- Dr. Rohit Yadav @ Rohit Kumar Yadav
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko And Another
 
Counsel for Applicant :- Karm Veer Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner 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 charge-sheet dated 28.04.2011, Case Crime No.514 of 2010, under Sections 406, 420 IPC, Police Station Mahrajganj, District Faizabad as well as impugned order dated 02.05.2022 passed by learned Chief Judicial Magistrate-II, Faizabad in Case No.913 of 2016, State versus Ram Kishun Yadav and others.

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

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

The petition is disposed of accordingly.

Order Date :- 30.6.2022

Subodh/-