Puneet Kumar Dwivedi And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1973 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 443 of 2023
 

 
Applicant :- Puneet Kumar Dwivedi And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Civil Sectt. Govt. U.P. Lko. And Another
 
Counsel for Applicant :- Kapil Dixit
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicants, 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 proceedings of the Case No. 39 of 2021, pending in the court of learned Civil Judge, Junior Division/JM, FTC Ist, Raebareli arising out of Chargesheet No. 1 dated 04-04-2021, bearing FIR/Case Crime No. 0039 of 2021, under sections 452, 323, 504, 506 I.P.C., Police Station-Jagatpur, District-Raebareli as sell as summoning order dated 07-10-2022 passed by the learned Civil Judge, Junior Division/JM, FTC Ist, Raebareli.

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 :- 18.1.2023

AKS