Citation : 2023 Latest Caselaw 22439 ALL
Judgement Date : 18 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:54812 Court No. - 28 Case :- APPLICATION U/S 482 No. - 8171 of 2023 Applicant :- Sheela Swami And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. U.P. Lko. And Another Counsel for Applicant :- Dr. Surendra Kumar Misra,Avnish Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard SriSurendra Kumar Misra, learned counsel for the applicants and Sri Aniruddha Kumar Singh, learned A.G.A.-I 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 chargesheet dated 20.09.2021 in Case Crime No. 954 of 2019, Under Section 498 A, 323, 504, 506 IPC and 3/4 D.P.Act, Police Station Kotwali City, District Barabanki and the summoning order dated 20.07.2023 passed by learned Chief Judicial Magistrate Barabanki and proceedings of the case vide Criminal Case No. 17325/2023.
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 :- 18.8.2023
Mayank
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