Neeraj Pratap Singh vs The State Of U.P. Thru. Prin.Secy. ...
2023 Latest Caselaw 13966 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 4381 of 2023
 
Applicant :- Neeraj Pratap Singh
 
Opposite Party :- The State Of U.P. Thru. Prin.Secy. Home Deptt. And Another
 
Counsel for Applicant :- Jai Prakash Shukla,Ajay Kumar Singh,Mahendra Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant and Sri Nirmal Kumar Pandey, 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 summoning order dated 09.02.2023 passed in criminal case no. 100008 of 2022 case crime no. 226 of 2021 under section 406 and 420 IPC and PS- Hazratganj, District Lucknow pending in the court of Chief Judicial Magistrate at Lucknow in the name of State versus Awnish Kumar Tiwari and anothers.

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 :- 2.5.2023

Mayank