Anshu Yadav vs State Of U.P. Thru. Investigating ...
2023 Latest Caselaw 26902 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:63130
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 9455 of 2023
 

 
Applicant :- Anshu Yadav
 
Opposite Party :- State Of U.P. Thru. Investigating Officer U.P.P. Lko.
 
Counsel for Applicant :- Aditya Prakash Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard Sri Aditya Prakash Sharma, learned counsel for the applicant and Sri Nirmal Kumar Pandey, learned A.G.A. for the State as well as perused the record.

2. Instant application under Section 482 Cr.P.C has been filed with prayer to quash the Chargesheet dated 15.04.2017 vide Charge-sheet No.01 of 2017, in Case Crime No. 0140 of 2017 under section 2 and 3 of the Prevention of Damage to Public Property Act, 1984, Police Station-Mohanlalganj, District- Lucknow, its consequential order of taking cognizance dated 02.07.2019 and summoning order dated 02.07.2019 alongwith the entire proceedings of the Criminal Case in Case Crime No. 0140 of 2017, presently pending before the Learned Court of Additional Chief Judicial Magistrate-III, Court No. 27, District- Lucknow, Uttar Pradesh.

3. 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.

4. 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.

5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

6. 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).

7. The application is disposed off accordingly.

Order Date :- 3.10.2023

Mayank