Dinesh Jaiswal Alias Dinesh Kumar ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 19309 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:48943
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7179 of 2023
 

 
Applicant :- Dinesh Jaiswal Alias Dinesh Kumar Jaiswal
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Rahul Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Nirmal Kumar Pandey, learned AGA for the State and perused the record.

nstant application under Section 482 Cr.P.C has been filed to quash the impugned Police Report(Chargesheet) filed in FIR/Case Crime No. 270 of 2022, under sections 498-A,323 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Konhdaur, District-Pratapgarh and the summoning order dated 03-07-2023 and further proceedings in pursuance of the summoning order pending in the court of learned Additional Civil Judge(Junior Division)/Judicial Magistrate, Room No. 23, Pratapgarh.

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, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he 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