Ajay Kumar Srivastava @ Ajay Kumar vs State Of U.P. Through Principal ...
2023 Latest Caselaw 11581 ALL

Citation : 2023 Latest Caselaw 11581 ALL
Judgement Date : 18 April, 2023

Allahabad High Court

Ajay Kumar Srivastava @ Ajay Kumar vs State Of U.P. Through Principal ... on 18 April, 2023

Bench: Shree Prakash Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 3649 of 2023
 

 
Applicant :- Ajay Kumar Srivastava @ Ajay Kumar
 
Opposite Party :- State Of U.P. Through Principal Secretary (Home Department ) And Anr.
 
Counsel for Applicant :- Ravindra Kumar Singh,Awadhesh Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Nirmal Kumar Pandey, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the chargesheet as well as the impugned summoning order dated 20-12-2022 in respect of the case crime no. 180/2022, under sections 498-A,323,504,506,354 I.P.C. and section 3/4 of the Dowry Prohibition Act, Police Station-Ghazipur, District-Lucknow pending in the court of Chief Judicial Magistrate(Custom), District-Lucknow bearing Case No. 125915 of 2022.

Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below.

At this stage, learned counsel for the applicant submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.

Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.

On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).

The application is disposed of accordingly.

Order Date :- 18.4.2023

AKS