Allahabad High Court
Inder Singh Yadav vs State Of U.P. Thru. Secy. Deptt. Of ... on 15 May, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:33477
Court No. - 28
Case :- APPLICATION U/S 482 No. - 4737 of 2023
Applicant :- Inder Singh Yadav
Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Civil Secrett. Lko. And Others
Counsel for Applicant :- Gaurav Gupta,Jyoti Rajpoot,Syed Mohd. Furquan
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants and Sri Aniruddh Kumar Singh, learned A.G.A.-I, for the State as well as perused the record.
The instant application under Section 482 Cr.P.C has been filed for quashing the charge sheet no.01 dated 28.5.2022 in Case Crime No.61 of 2021 under Section 406, 420 I.P.C. P.S. Kotwali Sadar, District Khiri, before court of Chief Judicial Magistrate, Lakhimpur Kheri. Further prayer is to direct court below to consider the bail application of the applicant in accordance with settled principles of law laid down by the Full Bench of this Court in Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as Judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P and also to direct the concerned below to permit the applicant to file a discharge application before the court below through counsel taking all pleas and grounds and also to direct the court below not to take any coercive action till the disposal of such discharge applicant and decide the same according to law.
Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicants have not committed alleged offence.
On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicants on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed.
At this stage, learned counsel for the applicants submits that they do not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. 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 versus Central Bureau of Investigation and another (supra).
The application is disposed off accordingly.
Order Date :- 15.5.2023
Ram Murti
