Ramlakhan And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 25699 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:60527
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8872 of 2023
 

 
Applicant :- Ramlakhan And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. U.P. Lko. And Another
 
Counsel for Applicant :- Kamlesh Kumar Gupta,Shrawan Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard Sri Kamlesh Kumar Gupta, 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 a prayer to set aside the impugned and summoning order dated 05.06.2023 in Case No. 74 of 2023 (State Vs Ramlakhan & others) pending in the court of learned C.J.M. 4th Lakhimpur Kheri arising out of case Crime No. 238 of 2022, under sections- 147, 323, 427, 504, 506, 308 I.P.C. Police Station-- Maigalganj, District-Lakhimpur-Kheri and summoning order dated 05.06.2023 in case no. 74 of 2023 ( State Vs Ramlakhan & others) passed by Chief Judicial Maagistrate 4th Lakhimpur-Kheri.

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. The application is disposed off accordingly.

Order Date :- 20.9.2023

Mayank