Lakka @ Ali Ahmad vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 2972 ALL

Citation : 2023 Latest Caselaw 2972 ALL
Judgement Date : 28 January, 2023

Allahabad High Court

Lakka @ Ali Ahmad vs State Of U.P. Thru. Prin. Secy. ... on 28 January, 2023

Bench: Shree Prakash Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 776 of 2023
 

 
Applicant :- Lakka @ Ali Ahmad
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another
 
Counsel for Applicant :- Shwetabh Singh,Jitendra Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Sri Vijay Kumar Mishra, Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no.2 and the same is taken on record.

Heard learned counsel for the applicant 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 order dated 16.12.2022 passed by Judicial Magistrate-II, District Gonda in Case No. 00, State versus Lakka @ Ali Ahmad, as well as charge sheet dated 30.10.2022 arising out of Case Crime No.0233 of 2022, under Sections 323, 504, 506 and 308 IPC, Police Station - Katra Bazar, District - Gonda.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.

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 files 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