Rohit Kumar Rathor vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 26899 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:63186
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 9481 of 2023
 

 
Applicant :- Rohit Kumar Rathor
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another
 
Counsel for Applicant :- Dheerendra Kr. Agnihotri
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant 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 for quashing of the summoning order dated 28.03.2023 as well as charge sheet no.1106 of 2022 dated 23.12.2022 arising out of Case Crime No.1000 of 2022 under Sections 406, 420, 465, 471 I.P.C., Police Station- Kotwali Sadar, District- Lakhimpur Kheri in Case No.4216 of 2023 (State vs. Rohit Kumar Rathor and Another) pending in the Court of learned Chief Judicial Magistrate, Lakhimpur Kheri, as well as for quashing the entire proceeding of the aforesaid case.

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 :- 3.10.2023

Manoj K.