Rahul And Another vs State Of U.P. Thru. Prin.Secy. ...
2023 Latest Caselaw 23026 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55995
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8373 of 2023
 

 
Applicant :- Rahul And Another
 
Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. Civil Sectt. Lko And Another
 
Counsel for Applicant :- Amrish Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Surendra Kumar Mishra, Advocate, has put in appearance by way of filing Vakaltanama on behalf of opposite party no. 2 and the same is taken on record.

Heard learned counsel for the applicants, Sri Surendra Kumar Mishra, learned counsel for the opposite party no. 2, Shri Girijesh Dwivedi, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the entire criminal proceedings of Criminal Case No. 245 of 2023, pending in the court of learned Civil Judge(J.D.), FTC, Sultanpur, arising out of Case Crime No. 49 of 2022, under sections 452,308,427,323 of I.P.C., Police Station-Karaundi Kalan,District-Sultanpur alongwith non bailable warrant dated 23-05-2023, bailable warrant dated 12-05-2023 and summoning and cognizance order dated 14-12-2022 and the chargesheet dated 28-06-2022.

Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.

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.

Learned A.G.A. as well as learned counsel for the opposite party no. 2 have 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 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).

The application is disposed of accordingly.

Order Date :- 23.8.2023

AKS