Hiralal And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 22816 ALL

Citation : 2023 Latest Caselaw 22816 ALL
Judgement Date : 22 August, 2023

Allahabad High Court

Hiralal And Others vs State Of U.P. Thru. Prin. Secy. ... on 22 August, 2023

Bench: Shree Prakash Singh





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55906
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8331 of 2023
 

 
Applicant :- Hiralal And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another
 
Counsel for Applicant :- Prem Prakash Singh,Ajmal Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard Sri Prem Prakash Singh, learned counsel for the applicants and Sri Nirmal Kumar Pandey, 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 quash the orders dated 09/08/2023 passed in Criminal Case No.-3859 of 2023. State Vs Rajendra and Others arising out of Case Crime No.- 0064/2019,U/S- 147.323,325,452,504,506 I.P.C. Police Station-Hanswar, District- Ambedkarnagar, pending in the court of Civil Judge (Senior Division) Fast Track /ACJM Ambedkarnagar, by means of which judicial custody of petitioners was directed and another order of same date i.e. 09/08/2023 by means of which N.B.W was issued against the petitioners.

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 :- 22.8.2023

Mayank