Mohd. Aslam And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 19059 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:48568
 
Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 7100 of 2023
 
Applicant :- Mohd. Aslam And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
 
Counsel for Applicant :- Shaista Parveen
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard learned counsel for the applicants 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 Chargesheet No.01/2021 dated 19.09.2021 and Summoning Order dated 04.03.2022 in "State vs Chand Bibi & Ors." arising out of Case Crime No. 0170/2021, U/S 147, 323, 504, 506, 452, 149 and 308 of I.P.C., Police Station- Dargahshareef, District- Bahraich contained as Annexure No.2 and 3. A further prayer has been made to direct the opposite parties not to arrest the applicant in "State vs Chand Bibi & Ors." arising out of Case Crime No. 0170/2021, U/S 147, 323, 504, 506, 452, 149 and 308 of I.P.C., Police Station- Dargahshareef, District- Bahraich.

3. 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 are not involved in committing the alleged offence as has been mentioned in the first information report.

4. 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.

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

6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants 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/-