Sheo Murti Verma vs State Of U.P. Thru.Addl. Chief ...
2023 Latest Caselaw 2656 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 632 of 2023
 

 
Applicant :- Sheo Murti Verma
 
Opposite Party :- State Of U.P. Thru.Addl. Chief Secy. Deptt. Of Home And Another
 
Counsel for Applicant :- Diwakar Singh Kaushik
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Girijesh Kumar Dwivedi, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the impugned cognizance and summoning order dated 24-02-2021 passed by the Additional District & Sessions Judge, Court No. 01, Ambedkar Nagar, and the bailable warrant order dated 21-09-2021 and N.B.W. order dated 30-08-2022 passed by the Additional District & Sessions Judge-Firstm, Ambedkar Nagar in Sessions Case No. (Electricity Case) 49/2021, as well as the impugned Chargesheet no. 01/2020 dated 28-08-2020 and its proceedings arising out of Sessions Case No,. 49/2021, under section 135 of the Electricity (Amendment) Act,2003, Police Station-Akbarpur, District-Ambedkar Nagar.

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 :- 24.1.2023

AKS