Nizam Ahmad vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 2117 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 491 of 2023
 

 
Applicant :- Nizam Ahmad
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Lko. And Another
 
Counsel for Applicant :- Ashutosh Bajpai
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant 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 for quashing of the impugned charge sheet dated 18.11.2021 and summoning order dated 02.03.2022 and entire proceedings of the Case No.2134 of 2022 arising out of Case Crime No.154 of 2021, under Sections 420, 323 and 504 and 19(1) Ancient Monuments and Archaeological Sites and Remains Act, 1958, State Versus Waseem Ahmad and others, Police Station - Kotwali Nagar, District - Bahraich.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.

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 files 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 :- 19.1.2023 / KR