Smt. Shivani Sagar And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 26845 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:63101
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 9458 of 2023
 

 
Applicant :- Smt. Shivani Sagar And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another
 
Counsel for Applicant :- Prabhu Sharan,Shivani Soni
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Sri Vineet Kumar Mishra, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record.

2. Heard SriPrabhu Sharan, learned counsel for the applicants,Sri Vineet Kumar Mishra, learned counsel for opposite party no. 2 and Sri Girijesh Dwivedi, learned A.G.A. for the State as well as perused the record.

3. Instant application under Section 482 Cr.P.C has been filed with prayer to set aside/quash the impugned cognizance and summoning order dated 07.06.2023 passed by the learned Chief Judicial Magistrate, Hardoi in W/S Criminal Case No.16185 of 2023, State Versus Shivani Sagar and others and the impugned Charge Sheet no.586 of 2022 dated 13.11.2022 submitted by the police under Sections 323, 325, 506 IPC in Case Crime No. 0604 of 2022, Police Station Kotwali Dehat, District Hardoi and to set aside the entire proceedings of Criminal Case No.16185 of 2023, State Versus Shivani Sagar and others pending before learned Chief Judicial Magistrate, Hardoi.

4. 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.

5. 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.

6. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.

7. 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).

8. The application is disposed off accordingly.

Order Date :- 3.10.2023

Mayank