Dharmendra Singh @ Dharemendra ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 27063 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:63633
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 9543 of 2023
 

 
Applicant :- Dharmendra Singh @ Dharemendra And 2 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Shobh Nath Yadav,Shailesh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard SriShailesh Kumar Singh, learned counsel for the applicants and Sri Girijesh Kumar Dwivedi, 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 entire criminal proceedings of Case no.-1429 of 2019, State versus Rahul Singh & Others as well as Charge Sheet No. 205 of 2019 dated 29.08.2019 including impugned Summoning Order dated 25.09.2019 passed by Additional Chief Judicial Magistrate Court No. 4 Lakhimpur Kheri, arising out of of F.I.R No. 0161/2019 Under Section 147,148,323,504,506,308 I.P.C registered in police station -Neemgaon, District - Lakhimpur Kheri pending in the Court of Additional Chief Judicial Magistrate Court No. 4, Lakhimpur Kheri.

3. 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.

4. 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.

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

6. 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).

7. The application is disposed off accordingly.

Order Date :- 4.10.2023

Mayank