Raj Kumar Singh @ Raju And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21225 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52196
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7697 of 2023
 

 
Applicant :- Raj Kumar Singh @ Raju And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrett. Lko. And Another
 
Counsel for Applicant :- Suresh Kumar Upadhyay
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard Sri Suresh Kumar Upadhyay, learned counsel for the applicants and Sri B.N.Nishad, 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 entire criminal proceeding of Criminal Case No. 3287 of 2021 "State Vs. Neeraj Singh and others" pending in the court of learned Additional Chief Judicial Magistrate-III, Court No. 19, Sultanpur arising out of Case Crime No. 0153 of 2021, Under sections-323, 504, 506, 452, 354 & 325 I.P.C. Police Station-Sangrampur, District- Amethi alongwith summoning order dated 01.07.2022 and chargesheet dated 10.09.2021 and stay the further proceedings of Criminal Case No. 3287 of 2021 "State Vs. Neeraj Singh and others" pending in the court of learned Additional Chief Judicial Magistrate-III, Court No. 19, Sultanpur.

3. 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.

4. 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.

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

6. 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).

7. The application is disposed off accordingly.

Order Date :- 8.8.2023

Mayank