Sada Shiv And Another vs State Of U.P Thru. Prin. Secy. Home ...
2023 Latest Caselaw 17408 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:46024
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 6551 of 2023
 

 
Applicant :- Sada Shiv And Another
 
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another
 
Counsel for Applicant :- Vineet Kumar Mishra,Malti Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Supplementary affidavit filed by learned counsel for the applicants is taken on record.

2. Heard Sri Vineet Kumar Mishra, learned counsel for the applicants, Sri Aniruddha Kumar Singh, learned A.G.A.-I for the State and perused the material placed on record.

3. Instant application under Section 482 Cr.P.C has been filed with prayer for quashing of the Charge-Sheet no. 453/2022 dated 15-9-2022 against the petitioners, arising out of crime no. 490/2022, under section-354, 452, 504, 506 1.P.C., relating to Police Station-Atrouli, District-Hardoi and consequential proceedings i.e. summoning order dated 19-4-2023 against the petitioners pending in the court of Learned Civil Judg J.D. F.T.C. (Mahila), Hardoi, District-Hardoi.

4. 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.

5. 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.

6. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.

7. 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).

8. Further, the applicants 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 them, 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.

9. The application is disposed off accordingly.

Order Date :- 14.7.2023

Mayank