Upendra Pratap Singh @ Ballia vs State Of U.P. Thru.Prin.Secy. ...
2023 Latest Caselaw 14322 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 4453 of 2023
 
Applicant :- Upendra Pratap Singh @ Ballia
 
Opposite Party :- State Of U.P. Thru.Prin.Secy. Deptt. Of Home Lko. And Another
 
Counsel for Applicant :- Abhishek Kumar
 
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 of charge-sheet no. 39A/2014 dated 11.07.2014 under sections- 147, 148,149,308,324,336 IPC PS- Hasanganj District-Lucknow as well as to quash the summoning order dated 22.02.2016 passed by Judicial Magistrate-IInd in case no. 846 of 2016 'State Vs Trishul Dhaari Singh and others, arising out of case crime no. 302/2013 under sections-147,148,149,308,324,336 IPC PS- Hasanganj District-Lucknow and also to quash the N.B.W. order dated 07.05.2019 and 28.02.2023 Passed by Judicial Magistrate -IInd, Lucknow.

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 :- 5.5.2023/Mayank