Citation : 2023 Latest Caselaw 12494 ALL
Judgement Date : 21 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- APPLICATION U/S 482 No. - 3870 of 2023 Applicant :- Santosh Kumar Kashyap And Other Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Home Govt. Civil Secrt. Lko. And Another Counsel for Applicant :- Farhan Alam Osmany Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record.
Instant application under Section 482 Cr.P.C has been filed with prayer for quashing the summoning order dated 21.01.2023 passed by Chief Judicial Magistrate, Hardoi in Case no. 2130/2023 "State Vs. Santosh Kumar & others" and charge sheet no. 112/ 2019 dated 02.04.2019 filed u/s- 308/323/325/452/504/506 IPC, FIR no. 250/2019, PS- Kotwali City, District-Hardoi.
Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report.
At this stage, learned counsel for the applicants 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 applicants appear before the trial court within two weeks from today and file 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 off accordingly.
Order Date :- 21.4.2023
Mayank
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