Roohul Ameen Mahdi vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 25625 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:60546
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8979 of 2023
 

 
Applicant :- Roohul Ameen Mahdi
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home/Prin. Secy. Home Lko. And 3 Others
 
Counsel for Applicant :- Mohd. Kumail Haider,Iqbal Ahmad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J. 

1. Heard learned counsel for the applicant and 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 for quashing the Charge Sheet dated 22.02.2023 arising out of F.I.R. No.0025 of 2023, filed under Sections 323, 504, 506, 427, 448, 147 & 149 I.P.C., Police Station- Wazirganj, District- Lucknow West (Commissionorate Luckonow).

3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.

4. 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.

5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

6. 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).

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 of accordingly.

Order Date :- 20.9.2023

Manoj K.