Pappu @ Pappu Rawat And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23578 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:57346
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8615 of 2023
 

 
Applicant :- Pappu @ Pappu Rawat And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. U.P. Lko. And Another
 
Counsel for Applicant :- Arjun Kumar Kaushal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard Sri Arjun Kumar Kaushal, learned counsel for the applicants and Sri B.N. Nishad, 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 summoning order dated 10.01.2022 passed by the Learned Court of Additional Chief Judicial Magistrate Court No. 27, Lucknow in Case No. 18/2022 (State of U.P. Vs Pappu Rawat and others) and chargesheet bearing no. 01/2020 under section 323/354/504/506/147/148 IPC dated 02.12.2020 submitted by the investigating officer without conducting the proper investigation of the case arising out of Case Crime No. 271/2020 U/S-323/354/504/506 IPC Police Station- Sushant Golf City, District Lucknow.Photostat/Certified copies of the Summoning order date 10.01.2022 and Chargesheet bearing, no.01/2020 dated 02.12.2020.

3. 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.

4. 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.

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

6. 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).

7. The application is disposed off accordingly.

Order Date :- 28.8.2023

Mayank