Tahlu And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 241 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 9873 of 2022
 

 
Applicant :- Tahlu And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Uttam Kumar Verma,Sunil Mohan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicants 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 quashing of the entire proceedings of the case and order dated 07.02.2022 passed by Additional Civil Judge (J.D.), Court No.5, Sitapur and Charge sheet No. 112 of 2020, dated 29.05.2020 arising out of Case Crime No.155 of 2019, under Sections 147, 148, 186, 341, 353 IPC and 7 Criminal Law Amendment Act, Police Station - Sakran, District - Sitapur, pending in the court of Additional Civil Judge (J.D.), Court No.5, Sitapur.

Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence and the police being inimical has planted them in the instant matter.

On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. It is further submitted that these disputed questions of fact can be adjudicated only after adducing the evidence. He further contends the submissions of learned counsel for the applicants on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed.

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 off accordingly.

Order Date :- 3.1.2023

KR