Paikarma vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1383 ALL

Citation : 2023 Latest Caselaw 1383 ALL
Judgement Date : 12 January, 2023

Allahabad High Court

Paikarma vs State Of U.P. Thru. Prin. Secy. ... on 12 January, 2023

Bench: Shree Prakash Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 226 of 2023
 

 
Applicant :- Paikarma
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And Another
 
Counsel for Applicant :- Uma Kant,Shrayansh Verma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Nirmal Kumar Pandey, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the entire criminal proceedings of Case No. 1568 of 2021 as well as Chargesheet No. 413 of 2021, dated 13-12-2021, including the summoning order dated 18-12-2021, passed by the Additional Chief Judicial Magistrate/F.T.C.,District-Lakhimpur Kheri, arising out of F.I.R. No. 0324/2021, under sections 354, 354 Ka, 354 Kha, 506, 452 I.P.C., registered at Police Station-Kheri, District-Lakhimpur Kheri.

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 names 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 :- 12.1.2023

AKS