Gyan Sheela And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 24968 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:59209
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 9000 of 2023
 

 
Applicant :- Gyan Sheela And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Sectt. Lko. And Another
 
Counsel for Applicant :- Rajeev Kumar Srivastava,Ganga Prasad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard SriGanga Prasad, learned counsel for the applicants and Sri B.N. Nishad, learned A.G.A. for the State as well as perused the record.

2. Instant application under Section 482 Cr.P.C has been filed with prayer to quash the entire proceeding of Criminal case No. 5130 of 202), (State Vs. Sushila Devi and others) in pursuance of Charge Sheet No. A 171 of 2019 dated 14.09.2019 arising out of Case Crime No. 0429 of 2018 Under Section 419, 420, 468, 471 I.P.C., Police Station: Kandhai, District: Pratapgarh as well as summoning order dated 25.03.2021 and bailable warrant order dated 08.06.2023 passed by Learned Chief Judicial Magistrate, Pratapgarh.

3. 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.

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 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).

7. Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge 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.

8. The application is disposed off accordingly.

Order Date :- 15.9.2023

Mayank