Shivakant Shukla @ Tinnu Shukla ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 22219 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:54427
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8081 of 2023
 

 
Applicant :- Shivakant Shukla @ Tinnu Shukla And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Sectt. Lko And Another
 
Counsel for Applicant :- Jai Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard SriJai Pratap Singh, learned counsel for the applicants and Sri B.N. Nishad, 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 set aside the entire proceedings of Criminal case no. 1797 of 2015 arising out of Case Crime no. 449 of 2013, under section 452, 323, 324, 504, 506 I.P.C., P.S. Maurawan, District- Unnao and further prayed to set aside the order dated 21.12.2015 and consequential order dated 30.06.2023 passed by the Judicial Magistrate, Purwa, District- Unnao and further prayed to stay the proceeding of Criminal case no. 1797 of 2015 arising out of Case Crime no. 449 of 2013, under section 452, 323, 324, 504, 506 I.P.C, P.S. Maurawan, District- Unnao and further operation of the impugned order dated 2112 2015 and consequential order dated 30.06.2023 passed by the Judicial Magistrate, Purwa, District- Unnao.

3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report.

4. At this stage, learned counsel for the applicants 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 applicants.

6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file 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 :- 17.8.2023

Mayank