Shri Devi vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 17221 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:44914
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 6545 of 2023
 

 
Applicant :- Shri Devi
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another
 
Counsel for Applicant :- Raghvendra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

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

Instant application under Section 482 Cr.P.C has been filed to quash the order dated 08-06-2023 in Criminal Revision No. 388/2022, passed by the learned Additional Sessions Judge/FTC, First, Gonda as well as the order dated 28-09-2022 passed by the trial court.

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 files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).

Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to her, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.

The application is disposed of accordingly.

Order Date :- 12.7.2023

AKS