Citation : 2023 Latest Caselaw 13181 ALL
Judgement Date : 27 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- APPLICATION U/S 482 No. - 9196 of 2022 Applicant :- Ram Autaar Alias Avtaar And 2 Others Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And Another Counsel for Applicant :- Suresh Kumar Yadav 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.
This instant application under Section 482 Cr.P.C has been filed with prayer for quashing of the entire criminal proceedings of the Criminal Case No. 722/2022 (State of U.P. Vs. Ram Autar & Ors.) and the impugned charge sheet dated 07.12.2021 filed in Case Crime No. 400 of 2021 under Sections 323, 325, 308 of IPC registered at Police Station - Mohammadpur, District - Barabanki.
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 of accordingly.
Order Date :- 27.4.2023/Lokesh Kumar
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