Citation : 2023 Latest Caselaw 21216 ALL
Judgement Date : 8 August, 2023
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 SriAshutosh 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 for quashing of the entire proceedings of the case and order dated 07.02.2022 passed by Additional Civil Judge (J.D.), Court No.5, Sitapur and Charge sheet No. 112 of 2020, dated 29.05.2020 arising out of Case Crime No.155 of 2019, under Sections 147, 148, 186, 341, 353 IPC and 7 Criminal Law Amendment Act, Police Station - Sakran, District - Sitapur, pending in the court of Additional Civil Judge (J.D.), Court No.5, Sitapur.
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
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