Nageshar And 2 Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 12644 ALL

Citation : 2023 Latest Caselaw 12644 ALL
Judgement Date : 24 April, 2023

Allahabad High Court

Nageshar And 2 Others vs State Of U.P. Thru. Prin. Secy. ... on 24 April, 2023

Bench: Shree Prakash Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 3963 of 2023
 
Applicant :- Nageshar And 2 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. U.P. Lko. And Another
 
Counsel for Applicant :- Manoj Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash impugned chargesheet dated 19.09.2022, bearing no.01 of 2022 in Case Crime No. 380 of 2022, under sections - 323, 504, 506, 308 I.P.C., Police Station- Malhipur, District- Shrawasti and the order of cognizance and summoning order dated 24.01.2023 passed by learned Incharge Chief Judicial Magistrate, Shrawasti in case no.530 of 2023 [State vs. Nageshar & Others].

Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.

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 of accordingly.

Order Date :- 24.4.2023

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