Kallu @ Shiva Gutam, Thru. His ... vs State Of U.P. Thru. The Addl. Chief ...
2023 Latest Caselaw 22417 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:54946
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8130 of 2023
 

 
Applicant :- Kallu @ Shiva Gutam, Thru. His Friend Sunil
 
Opposite Party :- State Of U.P. Thru. The Addl. Chief Secy. Deptt. Of Home, Lko. And Another
 
Counsel for Applicant :- Prateek Shrivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

Instant application under Section 482 Cr.P.C has been filed with prayer to quash the Chargesheet dated 11.02.2023 and impugned judicial/ cognizance and summoning orderdated 26.05.2023 ( Annexure No. 1 & 2 ), passed by the Chief Judicial Magistrate , Court No. 16, Sultanpur in Criminal Case No. 5632 of 2023 "State Versus Sunil Kumar" as well as to quash the entire proceeding of the Criminal Case No. 5632 of 2023 "State Versus Sunil Kumar" arising out of Case Crime No. 164/2022, pending before Chief Judicial Magistrate, Court No. 16, District- Sultanpur so far it relate to the applicant in the interest of justice. It is also prayed that this Hon'ble Court may graciously be pleased to stay further proceeding of the Criminal Case No. 5632 of 2023 "State Versus Sunil Kumar" arising out of Case Crime No. 164/2022 pending before Chief Judicial Magistrate, Court No. 16, District- Sultanpur.

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.

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).

The application is disposed off accordingly.

Order Date :- 18.8.2023

Anurag