Citation : 2023 Latest Caselaw 19766 ALL
Judgement Date : 28 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:49816 Court No. - 28 Case :- APPLICATION U/S 482 No. - 7016 of 2023 Applicant :- Shafi Ahmad Sabri And Another Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sachin Kumar Pandey,Mirza Ataulla Beg Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record.
Instant application under Section 482 Cr.P.C has been filed with a prayer to quash the cognizance order dated 19.06.2022, summoning order dated 30.08.2023, along with entire proceeding arising out of impugned charge-sheet dated 08.04.2015, numbered as 100 of 2015, passed by learned Additional Chief Judicial Magistrate, Hardoi, on the basis of the investigation in F.I.R. No. 1344 of 2014, dated 13.11.2014 under Section 419, dated 13.11.2014 under Sections 419, 420 of I.P.C. at P.S. Sandila, District Hardoi.
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.
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.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.
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).
The application is disposed off accordingly.
Order Date :- 28.7.2023
Anurag
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