Chandra Prakash Mishra vs State Of U.P. Thru. The Prin. Secy. ...
2023 Latest Caselaw 265 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 9957 of 2022
 

 
Applicant :- Chandra Prakash Mishra
 
Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Ram Prasad Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri B.N.Nishad, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the impugned summoning order dated 07-05-2016 issued by the Additional Chief Judicial Magistrate-II, Lucknow in Case Crime No. 173/2015, under sections 419,420,511 and 120-B I.P.C., in Case No. 1347/2016, State Vs Rahul Kumar Gautam and others as well as chargesheet no. 131 of 2015 dated 16-10-2015, as well as entire criminal proceedings of the aforesaid case pending before the court below in respect of t he applicant.

Learned counsel appearing for the applicant submits that in pursuance of the impugned first information report, the applicant is being harassed.

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 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 :- 3.1.2023

AKS