Awadhesh Kumar Verma vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 3276 ALL

Citation : 2023 Latest Caselaw 3276 ALL
Judgement Date : 1 February, 2023

Allahabad High Court

Awadhesh Kumar Verma vs State Of U.P. Thru. Prin. Secy. ... on 1 February, 2023

Bench: Shree Prakash Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 925 of 2023
 

 
Applicant :- Awadhesh Kumar Verma
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrett. Lko. And Another
 
Counsel for Applicant :- Dharmendra Kumar,Dilip Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri B.N.Nishad, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the chargesheet No. 504 of 2020, dated 25-08-2020 filed by the Investigating officer, as well as for quashing of summoning order dated 05-12-2022 passed by the Chief Judicial Magistrate, Faizabad in Criminal Case No. 7284 of 2021, arising out of Case Crime No. 457 of 2020, under sections 323,504,506,452,354 I.P.C., Police Station-Kotwali Ayodhya, District-Ayodhya and quashing of the whole criminal proceedings of Criminal Case No. 7284 of 2021.

Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity,his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances,he could not appear before the court below.

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 applicants.

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 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 of accordingly.

Order Date :- 1.2.2023

AKS