Nizamuddin vs State Of U.P. Thru.Prin.Secy. ...
2023 Latest Caselaw 15717 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:34613
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 4932 of 2023
 

 
Applicant :- Nizamuddin
 
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home
 
Counsel for Applicant :- Mohd. Raziullah
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Girijesh Dwivedi, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to stay the impugned cognizance/summoning order dated 17-10-2022 in Supplementary Chargesheet filed on 11-11-2020 in Crime No. 100 of 2018, Crl.Misc. Case No. 76842/2019, U/s 406,420 of I.P.C., Police Station-Nagram, district-Lucknow, pending in the court of ACJM-IV, Room No. 28, Lucknow.

Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below.

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 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 :- 18.5.2023

AKS