Dheeru @ Arvind Kumar Shukla vs State Of U.P. Thru. Its Prin. Secy. ...
2023 Latest Caselaw 6191 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 1633 of 2023
 

 
Applicant :- Dheeru @ Arvind Kumar Shukla
 
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Puttu Lal Misra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Girijesh Dwivedi, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to set aside the impugned summoning order dated 08-01-2016 passed against the applicant/accused in Criminal Case No. 53 of 2016, State of U.P. Vs. Om Prakash Shukla & Others and quash the related chargesheet No. 201 dated 20-09-2015, arising out of FIR dated 01-08-2015 bearing Case Crime No. 0312 of 2015, under sections 147,148,325,149,504,506,323,452 I.P.C., Police Station-Raniganj, District-Pratapgarh.

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 applicant.

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).

Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.

The application is disposed of accordingly.

Order Date :- 27.2.2023

AKS