Shiv Kumar Verma And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 7101 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 2340 of 2023
 

 
Applicant :- Shiv Kumar Verma And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And Another
 
Counsel for Applicant :- Umeshwar Pratap Pandey,Sanjay Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

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 prayer for quashing the entire proceeding of Criminal Case no.549 of 2021; State Versus Shiv Kumar Verma and another, arising out of Case Crime No.250 of 2019, under sections- 352, 506, 504 I.P.C. Police Station-Praraspur, District-Gonda, pending in court of learned Judicial Magistrate-I, Gonda, as well as impugned chargesheet dated 26.11.2019, submitted by Investigating officer, under sections-352, 406, 504 I.P.C. in aforesaid Case Crime number and impugned order of Bailable warrant dated 5/6.02.2023, passed by the learned Judicial Magistrate-I, Gonda.

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 :- 3.3.2023

Mayank