Ankush Kumar vs State Of U.P. Thru. Secy. Home ...
2023 Latest Caselaw 15277 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33660
 
Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 3631 of 2023
 
Applicant :- Ankush Kumar
 
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt., Lko. And Another
 
Counsel for Applicant :- Uma Kant Gupta
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Counter affidavit filed by the State is taken on record.

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 the entire proceeding of Crime No. 375 of 2022 under section- 67-B Information and Technology Act Police Station Malihabad, District Lucknow, styled as state Vs Aditya Singh and other as well as impugned summoning order dated 01.02.2023 and chargesheet dated 02.10.2022.

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 :- 15.5.2023

Mayank