Suresh Yadav Alias Suresh Chandra ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23424 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56895
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8519 of 2023
 

 
Applicant :- Suresh Yadav Alias Suresh Chandra Yadav
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another
 
Counsel for Applicant :- Shashi Kant Tripathi,Vinay Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard SriShashi Kant Tripathi, learned counsel for the applicant 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 impugned charge sheet dated 17.05.2023 in F.I.R. No. 434/2022 under Section 381/379/411 I.P.C. and 3/5 The Uttar Pradesh Electric Wire and Transformers (Prevention and Punishment of Theft) Act, 1976, Police Station- Maigalganj, District- Kheri vide Charge Sheet No. 162/2023 as well as impugned summoning order dated 16.06.2023 issued by the learned Additional Special Additional Sessions Judge, (E.C. Act), Lakhimpur-Kheri by the said impugned summoning order petitioner has been summoned in F.I.R. No. 434/2022 under Section 381/379/411 1.P.C. and 3/5 The Uttar Pradesh Electric Wire and Transformers (Prevention and Punishment of Theft) Act, 1976, P Police Station- Maigalganj, District- Kheri.

3. 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.

4. 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.

5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

6. 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 two 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).

7. The application is disposed off accordingly.

Order Date :- 25.8.2023

Mayank