Citation : 2023 Latest Caselaw 23847 ALL
Judgement Date : 29 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:58071 Court No. - 28 Case :- APPLICATION U/S 482 No. - 8721 of 2023 Applicant :- Man Singh @ Man Singh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Shushil Kr. Sharma,Roshan Babu Gupta 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 to quash the charge sheet filed under section 424/2022 under section- 354/504 of IPC & 3(2)(V Ka) of SC&ST Act 1989, (Annexure no. 01) and subsequent summoning order dated 01.03.2023 (Annexure no. 02) of the above stated case crime and also to quash the entire proceeding in Case Crime no. 424/2022 registered under section- 354/504 of IPC & 3(2)V Ka) of SC&ST Act 1989, State of UP. vs. Man Singh relating to P.S. Bakshi Ka Talab, pending in Court of Spl. Judge SC/ST Act, Lucknow.
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 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).
The application is disposed off accordingly.
Order Date :- 29.8.2023
Anurag
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