Smt. Kiran Pandey vs State Of U.P. Thru. Prin. Secy ...
2023 Latest Caselaw 19219 ALL

Citation : 2023 Latest Caselaw 19219 ALL
Judgement Date : 26 July, 2023

Allahabad High Court

Smt. Kiran Pandey vs State Of U.P. Thru. Prin. Secy ... on 26 July, 2023

Bench: Shree Prakash Singh





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:48960
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7209 of 2023
 

 
Applicant :- Smt. Kiran Pandey
 
Opposite Party :- State Of U.P. Thru. Prin. Secy Deptt. Home Affairs Civil Sectt. Lko And Another
 
Counsel for Applicant :- Alok Sharma,Gaurav Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Madhumay Mishra, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the impugned Chargesheet No. 01 of 2020, dated 27-10-2020, arising out of Case Crime No. 0188 of 2020, under sections 147,188,269,270,332,341,353 of I.P.C. and Section 3 of the Epidemic Act, 1897, Police Station-Qaiserbagh, District-Lucknow as well as the summoning order taking cognizance dated 12-08-2021 passed by learned Additional Chief Judicial Magistrate-I, Lucknow in Case No. 46149 of 2021.

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).

The application is disposed of accordingly.

Order Date :- 26.7.2023

AKS