Sandeep Rana And Another vs State Of U.P. Thru.Prin.Secy. ...
2023 Latest Caselaw 16231 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:35539
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 5043 of 2023
 

 
Applicant :- Sandeep Rana And Another
 
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another
 
Counsel for Applicant :- Rahul Agnihotri
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicants and 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 to quash the impugned summoning order dated 14.02.2023 passed by Civil Judge (S.D.)/FTC/ACJM, Lakhimpur Kheri in Criminal Case No. 626 of 2023, Crime No. 245 of 2022, under Sections 354, 323, 452, 504 of IPC, Police Station Mailani, District Lakhimpur Kheri as well as for quashing the impugned charge-sheet no. 322 of 2022, dated 31.08.2022, pending in the Court of the Civil Judge (SD)/FTC/ACJM, Lakhimpur Kheri.

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