Chandra Bhan Tiwari And Others vs State Of U.P Thru. Addil. Chief ...
2023 Latest Caselaw 23945 ALL

Citation : 2023 Latest Caselaw 23945 ALL
Judgement Date : 29 August, 2023

Allahabad High Court

Chandra Bhan Tiwari And Others vs State Of U.P Thru. Addil. Chief ... on 29 August, 2023

Bench: Shree Prakash Singh





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:58170
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8713 of 2023
 

 
Applicant :- Chandra Bhan Tiwari And Others
 
Opposite Party :- State Of U.P Thru. Addil. Chief Secy. Deptt. Home Civil Secrt. Lko. And Another
 
Counsel for Applicant :- Rama Pati Shukla
 
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 setting aside the order dated 03.04.2023 passed by Civil Judge Junior Division) Fast Track- I / Judicial Magistrate, District- Ambedkar Nagar in Warrant or Summons Criminal Case [No. 10247 of 2022, State of U.P. versus Chandra Bhan Tiwari & Ors.] arising out of Case Crime No.0092 of 2021, under Section- 323, 325, 504, 506 and 427 of IPC in P.S. Bhiti, District- Ambedkar Nagar.

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 :- 29.8.2023

Anurag