Bhola Nath vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 25697 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:60462
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8917 of 2023
 

 
Applicant :- Bhola Nath
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko And Another
 
Counsel for Applicant :- Rajendra Prasad Lodhi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard Sri Rajendra Prasad Lodhi, learned counsel for the applicants and Sri Nirmal Kumar Pandey, 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 proceedings of the Criminal Case No.11336 of 2023, arising out of impugned charge sheet no.01 dated 11.02.2023 filed in case crime no. 0379 of 2022 Under Section- 419,420, I.P.C. pertaining to Police Station- Kharighat,District - Bahraich pending the Learned Judicial Magistrate Bahraich as well as impugned cognizance Summoning order dated 14.03.2023 passed by the Court of Learned Judicial Magistrate Bahraich against the applicants.

3. Learned counsel for the applicants submits that the applicants are innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants are 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 they do 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 three 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. The application is disposed off accordingly.

Order Date :- 20.9.2023

Mayank