Utkarsh Swaroop Saxena vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21461 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52843
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7811 of 2023
 

 
Applicant :- Utkarsh Swaroop Saxena
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Ashok Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard Sri Ashok Kumar Srivastava, 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 entire Criminal proceedings of Criminal Case No. 67592 of 2023, arising out of Case Crime No. 155 of 2022, under sections- 420, 406, 504, 506 IPC, relating to Police Station- Indiranagar, District- Lucknow North (Commissionerate Lucknow), (State of U.P. Versus Anita Chauhan and Others) in respect to the applicant, as well as for quash the Chargesheet No. 01 of 2023, Dated-21.02.2023 and Summoning/Cognizance Order Dated 08.06.2023, passed by and pending before Second Additional Chief Judicial Magistrate, Court No. 26, 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 :- 9.8.2023

Mayank