Citation : 2023 Latest Caselaw 26903 ALL
Judgement Date : 3 October, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:63352 Court No. - 28 Case :- APPLICATION U/S 482 No. - 8794 of 2023 Applicant :- Devendra Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Daya Shankar Yadav Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Supplementary affidavit filed today by the counsel for the applicant is taken on record.
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 to quash the impugned summoning order dated 06.03.2021 issued by Additional Court No. 10, Lucknow in complaint no. 45586 of 2020, under Section 138 of N.I. Act, 1881, Police Station Indira Nagar, District Lucknow as well as entire criminal proceedings of the aforesaid complaint case pending before the Additional Court No. 10, Lucknow.
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
Anurag
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