Zubair vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 13743 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 3645 of 2023
 

 
Applicant :- Zubair
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. And Another
 
Counsel for Applicant :- Syed Wajahat Ali @ Vijahat Ali
 
Counsel for Opposite Party :- G.A.,Mohd. Waqar
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant 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 proceedings of the Criminal Case No. 24029 of 2019 "State Versus Alim Siddiqui and others" arising out of case crime no. 291 of 2016 under sections 147/452/504/506 IPC Police Station- Talkatora, District-Lucknow pending in the court of Additional Chief Judicial Magistrate VI, court no. 30, Lucknow and impugned charge sheet dated 14.12.2016 bearing the cognizance order.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.

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 off accordingly.

Order Date :- 1.5.2023

Mayank