Parvej Alias Parvej Khan vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 24681 ALL

Citation : 2023 Latest Caselaw 24681 ALL
Judgement Date : 12 September, 2023

Allahabad High Court

Parvej Alias Parvej Khan vs State Of U.P. Thru. Prin. Secy. ... on 12 September, 2023

Bench: Shree Prakash Singh





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:58769
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8973 of 2023
 

 
Applicant :- Parvej Alias Parvej Khan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. U.P. Lko. And Another
 
Counsel for Applicant :- Avnish Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

The advocates are abstaining from judicial work.

Heard learned counsel for the applicant, Shri B.N.Nishad, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed with the prayer to quash the police report(chargesheet) dated 19-11-2019, in Case Crime No. 488 of 2019, under sections 406, 504, 506 of I.P.C., Police Station-Shahabad, District-Hardoi and the summoning order dated 12-02-2020 passed by the learned Additional Chief Judicial Magistrate 2nd, District-Hardoi and further proceedings of the case vide Criminal Case No. 2538 of 2020.

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).

The application is disposed of accordingly.

Order Date :- 12.9.2023

AKS