Mohd Shafique vs State Of U.P. Thru. Secy. Home, ...
2023 Latest Caselaw 23285 ALL

Citation : 2023 Latest Caselaw 23285 ALL
Judgement Date : 24 August, 2023

Allahabad High Court

Mohd Shafique vs State Of U.P. Thru. Secy. Home, ... on 24 August, 2023

Bench: Shree Prakash Singh





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56584
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8420 of 2023
 

 
Applicant :- Mohd Shafique
 
Opposite Party :- State Of U.P. Thru. Secy. Home, Civil Sectt. U.P. Lko. And Another
 
Counsel for Applicant :- Mohammad Irfan Siddiqui
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant 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 quashing the entire proceedings of the impugned, Criminal Case No. 5771 of 2022, Crime No. (FIR No.) 103 of 2021, Under Section- 323, 504, 506, 354-D, I.P.C. & 67 I.T.Act, Police station - Para, District- Lucknow, State versus Mod Shafique pending in the learned Special Chief Judicial Magistrate, Custom, Lucknow, impugned charge sheet dated 04.05.2021, cognizance order dated 05.02.2022 and its consequential order.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.

At this stage, learned counsel for the applicant 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 applicant.

On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within three weeks from today and files 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