Smt. Anshu Gupta vs State Of U.P. Thru. Prin.Secy. ...
2023 Latest Caselaw 20669 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:51512
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7583 of 2023
 

 
Applicant :- Smt. Anshu Gupta
 
Opposite Party :- State Of U.P. Thru. Prin.Secy. Deptt. Of Home And Another
 
Counsel for Applicant :- Pawan Kumar Singh,Sachin Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard Sri Pawan Kumar Singh, learned counsel for the applicant and Sri Aatrey Tripathi, learned A.G.A. for the State as well as perused the record.

2. Instant application under Section 482 Cr.P.C has been filed with prayer to quash the summoning order dated 24-02-2020, passed by learned ACJM Bahraich and bailable warrant issued by learned ACJM Bahraich on 28-06-2023, & 20-07- 2023, in Criminal Case No. 3164 of 2020 arising from Case crime No.140/2019 initially registered U/S 419, 420, 467, 468, 471 I.P.C. but later altered into U/S 420, 120B IPC at P.S. Jarwal Road, Dist-Bahraich, further prayed to quash the charge sheet No.14/2020 filed against the applicant on 19-01-2020 U/S 420 I.P.C. P.S. Jarwal Road, Dist- Bahraich and further the proceedings of Criminal Case No.3164 of 2020 arising from Case crime No.140/2019 initially registered U/S 419, 420, 467, 468, 471 I.P.C. but later altered into U/S 420, 120B IPC at P.S. Jarwal Road, Dist- Bahraich.

3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.

4. 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.

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

6. 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).

7. The application is disposed off accordingly.

Order Date :- 4.8.2023

Mayank