Tota Ram vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21032 ALL

Citation : 2023 Latest Caselaw 21032 ALL
Judgement Date : 7 August, 2023

Allahabad High Court

Tota Ram vs State Of U.P. Thru. Prin. Secy. ... on 7 August, 2023

Bench: Shree Prakash Singh





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:51894
 

 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7637 of 2023
 

 
Applicant :- Tota Ram
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Alok Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Aatraya Tripathi, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the entire proceedings of Case/CIS No. 16161/2023, arising out of impugned chargesheet no. 388/2022, dated 17-12-2022 filed by the Investigating Officer in Case Crime No. 319 of 2022, under sections 420,323 & 506 of I.P.C., Police Station-Maanpur, District-Sitapur as well as the impugned cognizance/summoning order dated 26-05-2023 passed by the learned Additional Civil Judge(Junior Division),Court No. 2,Sitapur.

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 applicant.

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 :- 7.8.2023

AKS