Citation : 2023 Latest Caselaw 3137 ALL
Judgement Date : 30 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 822 of 2023 Applicant :- Soni Verma Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Civil Secrett. U.P. Lko. And Another Counsel for Applicant :- Kunwar Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Shri Anirudh Kumar Singh,learned AGA for the State and perused the record.
Instant application under Section 482 Cr.P.C has been filed to quash the Chargesheet dated 05-06-2021 filed by the Investigating officer, under secstions 406,504,506,420 I.P.C. in Case Crime No. 0195/2020, Police Station-Gudamba, District-Lucknow Gramin and to quash the summoning order dated 11-11-2021 passed by the learned Judicial Magistrate-II, Lucknow in Case No. 48407 of 2021, arising out of Case Crime No. 0195/2020, under sections 406,504,506,420 I.P.C., Police Station-Gudamba, District-Lucknow Gramin.
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, her name has been planted in the first information report and thereafter she has been chargesheeted. He next added that due to unavoidable circumstances, she 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 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 :- 30.1.2023
AKS
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