Birendra Kumar @ Chotu And 3 Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 28687 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:66954
 

 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 10050 of 2023
 

 
Applicant :- Birendra Kumar @ Chotu And 3 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Virendra Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicants, Ms. Nusrat Jahan, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the impugned Chargesheet dated 12-07-2023 and the impugned summoning order/bailable warrant dated 05-09-2023 passed in Case Crime No. 218 of 2023, under sections 34/323/504/506/341/308/325 of I.P.C., Police Station-Kasimpur, District-Hardoi.

Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.

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 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).

The application is disposed of accordingly.

Order Date :- 13.10.2023

AKS