Mohammad Umar vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 267 ALL

Citation : 2023 Latest Caselaw 267 ALL
Judgement Date : 3 January, 2023

Allahabad High Court

Mohammad Umar vs State Of U.P. Thru. Addl. Chief ... on 3 January, 2023

Bench: Shree Prakash Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 9954 of 2022
 

 
Applicant :- Mohammad Umar
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. And Another
 
Counsel for Applicant :- Kapil Dev Chaubey,Ajaiy Kumar Mishra,Gaurav Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Sudhir Kumar Upadhyaya, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to set aside the impugned summoning order dated 30-05-2022 passed by the Civil Judge(Senior Division), F.T.C., Lakhimpur Kheri and the chargesheet no. 1 dated 26-11-2018 submitted in Criminal Case No. 788 of 2022, Case Crime No. 0328 of 2018, under sections 2 & 3 of Public Property to Damage Act,1984, Police Station-Mailani, District-Kheri, submitted in the court of Civil Judge(Senior Division), F.T.C., Lakhimpur Kheri alongwith entire proceedings of Criminal Case No. 788 of 2022, Case Crime No. 0328 of 2018, under sections 2 & 3 of Public Property Damage Act, 1984, Police Station-Mailani, district-Kheri.

Learned counsel appearing for the applicant submits that the matter pertains to a civil dispute and by way of filing the first information report, the complainant is trying to give colour to criminal activities.

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