Rahim Khan vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21681 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:53119
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7846 of 2023
 

 
Applicant :- Rahim Khan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) U.P. Govt. Lucknow And Another
 
Counsel for Applicant :- Neeta Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard Ms. Noorus Saba, learned counsel for the applicant, Shri Girijesh Dwivedi, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the entire proceedings of Case No. 1557 of 2020,arising out of Chargesheet No. 01 of 2019, filed in Case Crime No. 189 of 2019, under sections 323,332,353,504 & 506 of I.P.C., Police Station-Chowk, District-Lucknow and the impugned Chargesheet filed in Case Crime No. 189 of 2019 and the summoning ordre dated 22-09-2020 passed in Case No. 189 of 2019.

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).

Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to him, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.

The application is disposed of accordingly.

Order Date :- 10.8.2023

AKS