Girish Patahak And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 5323 ALL

Citation : 2023 Latest Caselaw 5323 ALL
Judgement Date : 16 February, 2023

Allahabad High Court

Girish Patahak And Another vs State Of U.P. Thru. Prin. Secy. ... on 16 February, 2023

Bench: Shree Prakash Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 1548 of 2023
 

 
Applicant :- Girish Patahak And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko, And Another
 
Counsel for Applicant :- Akhilesha Nand Pandey,Ravi Kant
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicants, Shri Sushil Kumar Pandey, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash/set aside the summoning order dated 24-02-2021 and Chargesheet No. 12/2021, dated 30-01-2021, arising out of the Case Crime No. 338/2020, under sections 147,188,294,323,354-B,452,504,506 I.P.C.,Police Station-Rajesultanpur, District-Ambedkar Nagar in Crl.Case No. 562 of 2021.

Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.

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 of accordingly.

Order Date :- 16.2.2023

AKS