Pawan Rawat And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 5906 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 
Case :- APPLICATION U/S 482 No. - 1795 of 2023
 
Applicant :- Pawan Rawat And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another
 
Counsel for Applicant :- Prem Chandra Chauhan,Ramesh Chandra
 
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 to quash the impugned summoning order dated 08.10.2020 passed in case crime no.135 of 2020 passed by Additional Chief Judicial Magistrate VI, Lucknow as well as the impugned charge sheet filed under section 147,148, 323, 452, 506 IPC and further prayer to direct the opposite parties not to take any coercive action against the petitioners in pursuance of the impugned orders.

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 :- 22.2.2023/Mayank