Santram Yadav vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 19009 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:48567
 
Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 7101 of 2023
 
Applicant :- Santram Yadav
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another
 
Counsel for Applicant :- Nitesh Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

2. The instant application under Section 482 Cr.P.C has been filed with prayer for quashing of the entire proceedings of criminal case No.1415 of 2014 State vs. Shyam Lal and Other arises from F.I.R. No.703/2014 under Section 3/7 Essential Commodities Act, Police Station-Kotwali Nagar, District-Sultanpur pending in the court of learned Additional Chief Judicial Magistrate Court No.18 Sultanpur so far relates to the applicant and the applicant is also challenging the impugned charge-sheet No.11/2015 dated 13.01.2015 filed in F.I.R. No.703/2014 under Section 3/7 Essential Commodities Act, Police Station-Kotwali Nagar, District-Sultanpur and summoning order dated 17.01.2015 and order of Non Bailable Warrant dated 31.10.2015 passed by learned Court of Additional Chief Judicial Magistrate Court No.18, Sultanpur.

3. 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.

4. 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.

5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

6. 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).

7. The application is disposed off accordingly.

Order Date :- 25.7.2023

Piyush/-