Mohd. Farookh Shekh And 7 Others vs State Of Up Thru. Prin. Secy. Home ...
2022 Latest Caselaw 5684 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 4123 of 2022
 

 
Applicant :- Mohd. Farookh Shekh And 7 Others
 
Opposite Party :- State Of Up Thru. Prin. Secy. Home Civil Secrtt. Lko And Another
 
Counsel for Applicant :- Shafat Ullah Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioners and learned A.G.A. appearing on behalf of opposite party No.1-State. Power on behalf of opposite party No.2 has been filed by Mr. Prabha Shanker Pandey and Ms. Suman Pandey Advocates. The same is taken on record.

Petition under Section 482 Cr.P.C. has been filed for quashing summoning order dated 23rd March, 2021, charge sheet No.1 of 2019 filed with regard to case crime No. 1320 of 2019 under Sections 419, 420, 406, 504, 506, 120-B IPC. P.S. Gomti Nagar, District Lucknow and also for quashing entire proceeding of case No. 13810 of 2021 (State versus Mohd. Farookh Shekh and others).

Learned counsel for applicant after arguing at some length submits that sections involved against the petitioners are punishable with maximum sentence of not more than seven years and the petitioner had been granted benefit of Section 41-A Cr.P.C. which was not misused and the petitioners had fully cooperated in the investigation. As such liberty may be granted for filing regular bail application which may be considered expeditiously. Learned counsel for opposite parties do not have any objection to the prayer made.

In view of aforesaid, liberty is granted to the petitioners to file regular bail application before the court concerned which may be considered and decided in the light of 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 (Crl.) No. 5191 of 2021 on 7.10.2021 preferably within a period of two weeks.

The petition stands disposed of.

Order Date :- 30.6.2022

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