Ankur Kumar Goutam And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 7137 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 
Case :- APPLICATION U/S 482 No. - 2265 of 2023
 

 
Applicant :- Ankur Kumar Goutam And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another
 
Counsel for Applicant :- Braj Nandan Yadav
 
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 to stay the further proceeding in case no. 123767 of 2022 crime no. 291 of 2020 U/S- 504, 506, 354 I.P.C. Police Station Malihabad Lucknow, in State of U.P. vs Ankur Kumar Goutam and another pending before Special Additional Chief Judicial Magistrate (custom) Lucknow and the summoning order dated 23.12.2022 as well as the charge sheet dated 06.09.2020.

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 submits that the second appeal is pending before this Court and therefore the dispute is of civil nature and that is being given colour of criminality by way of filing the instant FIR. 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