Karuna Shankar Dixit vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21188 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52387
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7703 of 2023
 

 
Applicant :- Karuna Shankar Dixit
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
 
Counsel for Applicant :- Ashutosh Bajpai,Nitin Sachan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Sri Rama Kand Dixit, advocate, has put in appearance by way of filing vakalatnam on behalf of opposite party no. 2 and the same is taken on record.

2. Heard Sri Ashutosh Bajpai, learned counsel for the applicant, Sri Rama Kant Dixit, learned counsel for opposite party no.2 and Smt Ansuiya Rajput, learned A.G.A. for the State as well as perused the record.

3. Instant application under Section 482 Cr.P.C has been filed with prayer to quash the impugned charge sheet dated 10.01.2023 and order of cognizance and summoning order dated 10.05.2023 pending in the court of Learned Chief Judicial Magistrate Bahraich, in Case No. 21333/2023, Case Crime No. 714/2022, Under Section 308, 323, 325, 506 I.P.C., Police Station Kotwali Dehat, District Bahraich, State versus Karuna Shankar Dixit, Police Station Kotwali Dehat, District Bahraich.

4. 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.

5. 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.

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

7. 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).

8. The application is disposed off accordingly.

Order Date :- 8.8.2023

Mayank