Gaurav Jethani vs State Of U.P Thru. Prin. Secy. Home ...
2023 Latest Caselaw 14261 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 4466 of 2023
 
Applicant :- Gaurav Jethani
 
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And Another
 
Counsel for Applicant :- Prashant Srivastava
 
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 08.12.2020 and Chargesheet No.77/2020, dated 17.02.2020 arising out of case crime no. 338/2019 under sections-420 IPC & section 63 Copy right act, 1957 PS-Kotwali City, District-Hardoi in Crl. Case No.18357/2020 (State Vs. Gaurav Jethani) pending in the Chief Judicial Magistrate, Hardoi and to quash the entire proceeding of Crl Case no. 18357 of 220(State Vs. Gaurav Jethani) arising out of case crime no. 0338/2019 under section 420 IPC & section 63 Copy right act, 1957 PS-Kotwali City, District-Hardoi in Crl. Case No.18357/2020 (State Vs. Gaurav Jethani) pending in the Chief Judicial Magistrate, Hardoi.

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).

Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.

The application is disposed off accordingly.

Order Date :- 5.5.2023

Mayank