Ramkumar And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23242 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56539
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7881 of 2023
 

 
Applicant :- Ramkumar And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Shyamendra Singh,Furkan Pathan,Tej Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Supplementary affidavit filed today by counsel for the applicant is taken on record.

2. Heard Sri Shyamendra Singh, learned counsel for the applicants and Sri Aniruddha Singh, learned A.G.A.-I for the State as well as perused the record.

3. Instant application under Section 482 Cr.P.C has been filed with prayer to quash the impugned summoning order dated 29/03/2023 passed by Special Judge Sc/St Act Lucknow in case crime crime No. 288 of 2022, Under Section-147, 323, 325, 452, 504, 506, I.P.C & 3(1)(Da), 3(1) (Dha), 3(2)(Va), Sc/St Act relating to Police Station-Itaunja, Distt- Lucknow in criminal case-1478 of 2023 and the impugned charge sheet dated 09-11-2022 pending in the court of Learned special Judge Sc/St Act Lucknow fixed for 28-08-2023.

4. 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.

5. 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.

6. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.

7. 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).

8. The application is disposed off accordingly.

Order Date :- 24.8.2023

Mayank