Alok Kumar Singh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21272 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52197
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7693 of 2023
 

 
Applicant :- Alok Kumar Singh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another
 
Counsel for Applicant :- Pramod Kumar Singh,Manoj Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard Sri Pramod Kumar Singh, learned counsel for the applicant and Sri Nirmal Kumar Pandey, 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 charge sheet No. 01 of 2021 dated 31.1.2021 submitted in F.I.R. No. 0018 of 2018 under sections 420, 406 IPC Police Station Gazipur, District Lucknow as well as for quashing the summoning order dated 28.7.2021 passed by the Special Chief Judicial Magistrate Custom, Lucknow directing he petitioner to appear before the court to face the trauma of trial along with the entire criminal proceeding of Criminal Case No. 27447 of 2021 "State Versus Himanshu Garg & others" pending before the Special Chief Judicial Magistrate Custom, Lucknow.

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 :- 8.8.2023

Mayank