Asim Arif And 2 Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 2943 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 783 of 2023
 

 
Applicant :- Asim Arif And 2 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Unnao And Another
 
Counsel for Applicant :- Aseem Goswami,Azhar Ikram
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Sri Krishna Lal Yadav, Advocate has put in appearance by way of filing Vakalatnama on behalf of the applicants and the same is taken on record.

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 for quashing of the impugned summoning order dated 29.08.2022 passed by learned Civil Judge (Junior Division) (FTC), Women Act, Unnao and entire proceeding of Criminal Case No. 1231 of 2022, State vs. Asim Arif and Others, arising out of Case Crime No.0013 of 2022, under Sections 498-A, 323, 504 and 506 IPC and under Sections 3 and 4 of Dowry Prohibition Act, Police Station - Mahila Thana, District Lucknow as well as charge sheet dated 22.08.2022.

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 as has been mentioned in the first information report.

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 :- 28.1.2023

KR