Citation : 2023 Latest Caselaw 27531 ALL
Judgement Date : 6 October, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:64510 Court No. - 28 Case :- APPLICATION U/S 482 No. - 9698 of 2023 Applicant :- Anwar And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Another Counsel for Applicant :- Ajmal Khan,Javed Khan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard Ajmal Khan, learned counsel for the applicants 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 proceeding of Criminal Case No.- 23688/2021, State Vs Munna and others, arising out of Case Crime No.-160/2017, under sections- 427, 379 I.P.C, Police Station-Aaspur Deosara, District-Pratapgarh, pending in the Court of Learned Fast Track Court -2(S.D.), Pratapgarh as well as Charge-Sheet dated 06/10/2017 and Summoning order dated 18/04/2018.
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 :- 6.10.2023
Mayank
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