Kanhaiya Lal Rastogi @ Lala ... vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 18648 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- APPLICATION U/S 482 No. - 8558 of 2022
 

 
Applicant :- Kanhaiya Lal Rastogi @ Lala Rastogi
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Satendra Kumar (Singh),Abhishek Misra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

Heard learned counsel for the applicant, the learned A.G.A. for the State respondent and perused the record.

Present application under Section 482 CrPC has been filed with prayer to quash the chargesheet No.01 dated 9.10.2020, the cognizance order dated 20.10.2020 and the proceedings of Case No.12189 of 2020 (State Vs. Kanhaiya Lal Rastogi and others) pending in the Court of learned Additional Sessions Judge/Special Judge, Gangsters Act, Lucknow arising out of FIR No.0792 of 2019 under the U.P. Gansters and Anti-Social Activities (Prevention Act, PS Thakurganj, Lucknow.

Learned counsel for the applicant has submitted that the applicant has cooperated during the investigation and chargesheet has been submitted. It has been submitted that he may be given the benefit of the judgment and order dated 2.9.2021 of the Supreme Court passed in Crl. Appeal No.929 of 2021 (Arising out of SLP (Crl.) No.5234 of 2021): Amar Preet Singh. Vs. CBI, through Director.). Learned counsel for the applicant has submitted that he confines his prayer to the extent that the applicant may be permitted to surrender before the court below and apply for bail and further the court below may be directed to decide the bail application as expeditiously as possible.

Learned AGA has no objection to the prayer made by the learned counsel for the applicant.

In view of aforesaid facts and circumstances of the case, the applicant is permitted to surrender before the court below within a period of three weeks from today and apply for bail. The court below is directed that in case the applicant surrenders and prefers bail application before the court below within the aforesaid period, same will be decided as expeditiously as possible, in accordance with law.

With the aforesaid directions, the application is disposed of.

Order Date :- 23.11.2022

Rajneesh JR-PS)