Arakshi Awdhesh Kumar Mishra vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21431 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52853
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7800 of 2023
 

 
Applicant :- Arakshi Awdhesh Kumar Mishra
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Lucknow And Another
 
Counsel for Applicant :- Neera Yadav,Shailendra Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. At the very outset, learned counsel appearing for the applicant submits that due to typographical mistake section '6(kha) P.A. Act,' has been left to be incorporated in the prayer clause of the pleadings of the instant application. She submits that she may be permitted to correct the same during course of the day.

2. Learned counsel for the State has no objection to the submissions aforesaid.

3. In view of the aforesaid submissions, learned counsel for the applicant is permitted to correct the same during course of the day.

4. Heard Smt Neera Yadav, learned counsel for the applicant and Sri B.N. Nishad, learned A.G.A. for the State as well as perused the record.

5. Instant application under Section 482 Cr.P.C has been filed with prayer to quash the entire proceedings of State vs Vinod Kumar and others, arising out in Case Crime No - 404 (A) of 1998, U/S- 323, 504, 506 IPC, 6(kha) P.A. Act, P.S.- Ram Janm Bhumi, District- Faizabad (Ayodhya) pending in the court of Civil Judge (J.D.) (F.T.C.), Faizabad, as well as impugned chargesheet dated 20-07-1999 submitted by the investigating officer in the aforesaid case crime number against the petitioners and impugned summoning order dated 30-05-2001 passed by the Civil Judge (J.D.) (F.T.C.), Faizabad.

6. 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. She further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.

7. 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.

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

9. 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).

10. The application is disposed off accordingly.

Order Date :- 9.8.2023

Mayank