Chhote Lal Tiwari vs State Of U.P. And Another
2022 Latest Caselaw 13257 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 10897 of 2022
 

 
Applicant :- Chhote Lal Tiwari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Brijesh Kumar Srivastava,Sonu Kumar Upadhyay
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Suneet Kumar,J.

1. Heard learned counsel applicant and learned A.G.A. for State.

2. The present application under Section 482 Cr.P.C. has been filed for quashing of charge-sheet dated 22.08.2019 along with cognizance dated 11.02.2022 in Case No.2277 of 2022 (State Vs. Chhote Lal Tiwari), arising out from Case Crime No.482 of 2018, u/s 323, 504 I.P.C. and 6(B) PAC Act, Police Station- Shahpur, District- Gorakhpur pending in the court of Additional Chief Judicial Magistrate, first, District- Gorakhpur.

3. It is urged by learned counsel for the applicant that ingredients of Section 6(B) PAC Act has not been made out against the applicant. Learned counsel for applicant, after arguing for some time, on instruction, submits that applicant is ready to surrender before the Trial Court and prayed that Trial Court be directed to consider his bail application in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

4. Learned A.G.A. appearing for State has no objection against the aforesaid prayer.

5. In view of above, prayers made in this application are rejected. However, the application is disposed of with the direction to applicant to surrender before Trial Court and file bail application and Trial Court is directed to decide the same strictly in terms of the judgment passed by Supreme Court in Satender Kumar Antil (supra).

Order Date :- 15.9.2022

Sachin/-