Rohit Mishra @ Rohit Kumar Mishra ... vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 27879 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:65441
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 9860 of 2023
 

 
Applicant :- Rohit Mishra @ Rohit Kumar Mishra And 9 Others
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Another
 
Counsel for Applicant :- Anil Kumar Yadav,Manoj Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard SriAnil Kumar Yadav, learned counsel for the applicants and Sri Girijesh 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 impugned judicial/ cognizance and summoning order dated 08.08.2023 passed by passed by the Additional Chief Judicial Magistrate, A.C.J.M.-19, Barabanki in Case No. - 1871/2023, File No.- WSCC 2823/2023, CNR:- UPBB040282352023, Registration No.-18.03.2023 Case Crime No.-339 of 2022, under Sections- 34, 452, 323, 504, 506, 147, 148, 149, 308 IPC., Police Station - Jahangirabad, District - Barabanki as well as to quash the impugned Charge Sheet bearing No. 01/2023 dated 26.03.2023 and its proceedings, arising out of Case No. -1871/2023, File No.- WSCC 2823/2023, CNR:-UPBB040282352023, Registration No.-18.03.2023 StateVersus Rohit Mishra & others, Case Crime No. -339/2022, under Sections 34, 452, 323, 504, 506, 147,148, 149, 308 IPC., Police Station Jahangirabad, District- Barabanki.

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 :- 10.10.2023

Mayank