Udayraj Yadav And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23283 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56615
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8461 of 2023
 

 
Applicant :- Udayraj Yadav And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another
 
Counsel for Applicant :- Ram Milan Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicants 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 that the impugned summoning order as well as cognizance order dated 28.11.2019 passed by learned Civil Judge (S.D.) / F.T.C.-I, Court No. -20, Sultanpur, in Criminal Case No. 85 12018, Case Crime No. 85 /2018, (State Vs. Munna Lal & Others ) under Sections - - 147, 332, 336, 352 & 427 I.P.C. & 7 Criminal Law (Amendment) Act, 2013 against the applicants as well as Charge Sheets No. 1, dated 11.02.2019, Police Station - Munshiganj, District- Amethi in which learned court below has summoned the applicants without application of judicial mind, be set aside.

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.

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. has 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 off accordingly.

Order Date :- 24.8.2023

Anurag