Citation : 2023 Latest Caselaw 14518 ALL
Judgement Date : 8 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:31590 Court No. - 28 Case :- APPLICATION U/S 482 No. - 4512 of 2023 Applicant :- Sandeep Verma And Another Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another Counsel for Applicant :- Atul Kumar Yadav,Anoop Vajpayee Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, Shri Girijesh Dwivedi, learned AGA for the State and perused the record.
Instant application under Section 482 Cr.P.C has been filed to quash the summoning order dated 20-02-2023 and the Chargesheet No. 350/2022 dated 15-09-2022 issued by the learned Court of Additional Chief Judicial Magistrate(1st), Ayodhya, under sections 506,504 and 379 of I.P.C., Police Station-Purakalandar, District-Ayodhya in Case No. 2289 of 2022.
Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.
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 of accordingly.
Order Date :- 8.5.2023
AKS
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