Vivek Kumar Singh vs State Of U.P. Thru. Its Secy. ...
2023 Latest Caselaw 21430 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52685
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7786 of 2023
 

 
Applicant :- Vivek Kumar Singh
 
Opposite Party :- State Of U.P. Thru. Its Secy. Deptt. Of Home, Lko. And Another
 
Counsel for Applicant :- Ravindra Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Sri Ravi Pratap Singh, Advocate, has put in appearance by way of filing Vakaltanama on behalf of opposite party no. 2 and the same is taken on record.

Heard learned counsel for the applicant, Sri Ravi Pratap Singh, learned counsel for the opposite party no. 2, Shri Anirudh Kumar Singh, learned AGA-I for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the impugned Chargesheet dated 15-11-2022 arising out of Case Crime No. 35/2022, under sections 323/506/420 of I.P.C., Police Station-Amethi, District-Amethi and the summoning order dated 20-12-2022 and bailable warrant dated 16-03-2023 passed by the learned Additional Civil Judge(S.D.)/Judicial Magistrate,Room No. 30, Sultanpur.

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 :- 9.8.2023

AKS