Parvez Khan vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21706 ALL

Citation : 2023 Latest Caselaw 21706 ALL
Judgement Date : 10 August, 2023

Allahabad High Court

Parvez Khan vs State Of U.P. Thru. Prin. Secy. ... on 10 August, 2023

Bench: Shree Prakash Singh





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:53222
 

 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7886 of 2023
 

 
Applicant :- Parvez Khan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow And Another
 
Counsel for Applicant :- Durgesh Kumar Singh,Chandra Mohan Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant,Sri B.N.Nishad, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to set aside the entire criminal proceedings of Criminal Case No. 5528 of 2023, pending in the court of learned Chief Judicial Magistrate, Gonda, arising out of Case Crime No. 221 of 2022, under sections 406 & 506 of I.P.C.,Police Station-Khodarey, District-Gonda alongwith summoning order dated 08-01-2023.

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 applicants.

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 :- 10.8.2023

AKS