Kalloo @ Sarwar Ali And Others vs State Of U.P. Thru. Secy. Deptt. Of ...
2023 Latest Caselaw 16192 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:35648
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 5040 of 2023
 

 
Applicant :- Kalloo @ Sarwar Ali And Others
 
Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Civil Secrett. Lko. And Another
 
Counsel for Applicant :- Ravindra Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Sri Mahmood Alam, Advocate has put in appearance on behalf of opposite party no. 2 and the same is taken on record.

At the very out-set, the learned counsel appearing for the opposite party no. 2 has pointed out that there is a criminal history against the present applicant no. 1 which has not been disclosed in the application.

The opposite party no. 2/complainant is at liberty to raise/point out the aforesaid before the trial Court itself.

Heard learned counsel for the applicants and learned A.G.A. for the State, Sri Mahmood Alam, learned counsel for opposite party no. 2 as well as perused the record.

Instant application under Section 482 Cr.P.C has been filed with prayer to quash the impugned charge-sheet dated 03.12.2022 arising out of Case Crime No. 0268 of 2022, under Section-323, 336, 504, 506, 34, 308 of IPC relating to Police Station Dostpur, District Sultanpur against the petitioners and summoning order dated 08.02.2023 passed by the learned Additional Chief Judicial Magistrate, Court No. 19, Sultanpur.

Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report.

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 off accordingly.

Order Date :- 22.5.2023

Anurag