Sati Prasad vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1832 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 369 of 2023
 

 
Applicant :- Sati Prasad
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Sagar Singh,Shri Ram Maurya
 
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 Chargesheet dated 16-10-2021 numbering as 01 against the applicant in Case Crime No. 269 of 2021, under sections 3(2)(d) of Prevention of Damage to Public Property Act, 1984, Police Station-Bangarmau, District-Unnao and also setting aside the order dated 26-08-2022 passed against the applicant by the Additional Chief Judicial Magistrate, Court No. 1, District-Unnao for summoning the applicant.

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 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 :- 17.1.2023

AKS