Krishna Dev Shukla vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 12597 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 3964 of 2023
 

 
Applicant :- Krishna Dev Shukla
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another
 
Counsel for Applicant :- Rohit Kumar Tripathi,Rama Soni
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Shree Prakash Singh,J.

Sri Komal Prasad Tiwari, Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record.

Heard learned counsel for the applicant, Sri Komal Prasad Tiwari, learned counsel for the opposite party no. 2, Shri Girijesh Dwivedi, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the Chargesheet No. 234 of 2010, dated 28-05-2010 filed by the Investigating authority, order of cognizance dated 03-09-2010, taken over by the police report and summoning order dated 03-09-2010 as well as the order of NBW dated 23-01-2023, issued by the learned Special Chief Judicial Magistrate, Custom, Lucknow against the applicant as well as whole criminal proceedings of the case no. 4074/2010, FIR No. 67/20-10, U/s 406,323,506 I.P.C., Police Station-Ghazipur, District-Lucknow.

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 :- 24.4.2023

AKS