Brijesh Alias Lalta Dhobi And 2 ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 27908 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:65748
 
Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 9889 of 2023
 
Applicant :- Brijesh Alias Lalta Dhobi And 2 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow And Another
 
Counsel for Applicant :- Anand Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicants 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 quashing of the impugned charge sheet No.01/2023, dated 20-04-2023, in Case Crime No.90/2023, Under Sections 452, 354, 504, 506, 341 IPC, Police Station- Kureybhar, District- Sultanpur as well as impugned summoning order dated 25-07-2023 passed by learned Fast Track Court (J.D.) Sultanpur, in Case No.5784 of 2023, "State versus Ashish Yadav and others" which is pending before the learned Fast Track Court (J.D.) Sultanpur.

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.

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.

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

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 three 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).

The application is disposed of accordingly.

Order Date :- 10.10.2023/Manoj K.