Sharma Devi vs State Of U.P. Thru .Prin.Secy. ...
2023 Latest Caselaw 4975 ALL

Citation : 2023 Latest Caselaw 4975 ALL
Judgement Date : 14 February, 2023

Allahabad High Court

Sharma Devi vs State Of U.P. Thru .Prin.Secy. ... on 14 February, 2023

Bench: Shree Prakash Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 1397 of 2023
 

 
Applicant :- Sharma Devi
 
Opposite Party :- State Of U.P. Thru .Prin.Secy. Home, Lko And Anr.
 
Counsel for Applicant :- Farooq Ayoob
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Anirudh Kumar Singh, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the entire proceedings of summoning order dated 30-01-2019 passed by the Additional Chief Judicial Magistrate, Court No. 19, Barabanki in Case No. 1484 of 2019, Crime No. 282/2018, U/s 147,148,308,323,504,506,325 I.P.C., Police Station-Zaidpur, District-Barabanki as well as Chargesheet No. 01/2019 dated 05-01-2019.

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, her name has been planted in the first information report and thereafter she has been chargesheeted. He next added that due to unavoidable circumstances, she 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 :- 14.2.2023

AKS