Harikesh Chauhan And 3 Others vs State Of U.P. Thru.Prin.Secy. ...
2023 Latest Caselaw 30041 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:71033
 

 
Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 10555 of 2023
 

 
Applicant :- Harikesh Chauhan And 3 Others
 
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another
 
Counsel for Applicant :- Arshad Siddiqui
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.

2. Instant application under Section 482 Cr.P.C has been filed with prayer for quashing of the entire proceedings of impugned Summoning order dated dated 07.04.2023 passed by the Civil judge Junior Division F.T.C. Court No.39, Barabanki in case No. 25582/2022, in Crime no. 809/2020, U/S- 406,420 I.P.C. at Police Station- Kotwali, District- Barabanki, (Mahangu Chauhan Versus Harikesh Chauhan and Others).

3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case. He further added that the applicants were not involved in committing the 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 of 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 of accordingly.

Order Date :- 30.10.2023

Manoj K.