Shiv Prakash Gupta vs State Of U.P. Thru. Prin.Secy. ...
2023 Latest Caselaw 29441 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:69103
 

 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 10305 of 2023
 

 
Applicant :- Shiv Prakash Gupta
 
Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Lko. And Another
 
Counsel for Applicant :- Abhishek Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Sushil Kumar Pandey, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash and set aside the impugned chargesheet bearing its no. 05 of 2012, dated 08-04-2012, in F.I.R. No. 446 of 2011, under sections 353,186,504 of I.P.C., Police Station-Aliganj, District-Ambedkar Nagar and the impugned cognizance order dated 04-05-2012 in Case No. 2171 of 2012, in F.I.R. No. 446 of 2011, under sections 353,186,504 of I.P.C., Police Station-Aliganj, District-Ambedkar Nagar.

Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below.

At this stage, learned counsel for the applicant 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 applicant.

On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).

Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge through his counsel taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.

The application is disposed of accordingly.

Order Date :- 19.10.2023

AKS