Rekha Pandey @ Pooja Pandey vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 25831 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:61081
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 9143 of 2023
 

 
Applicant :- Rekha Pandey @ Pooja Pandey
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Rajesh Kumar Sharma,Ram Naresh Singh Chauhan
 
Counsel for Opposite Party :- G.A.,Prabhaat Kumar Tripathi,Prashant Pandey
 

 
Hon'ble Shree Prakash Singh,J.

1. SriPrashant Pandey and SriPrabhaat Kumar Tripathi, advocates, have put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same are taken on record.

2. Heard Sri Ram Naresh Singh Chauhan, learned counsel for the applicant, Sri Sri Prashant Pandey, learned counsel for opposite party no. 2 and Sri Nirmal Kumar Pandey, learned A.G.A. for the State as well as perused the record.

3. Instant application under Section 482 Cr.P.C has been filed with a prayer to quash the impugned charge sheet dated 17.6.2023 arising out of Case Crime No.160/2023, under sections 498-A, 120-B IPC, Police Station- Gomti Nagar, District Lucknow as well as cognizance/summoning order dated 1.7.2023 passed by the learned Chief Judicial Magistrate, Lucknow in Case No. 87131 of 2023 (State Versus Rakesh Pandey & Others).

4. 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.

5. 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.

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

7. 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).

8. Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge through his counsel, 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.

9. The application is disposed off accordingly.

Order Date :- 21.9.2023

Mayank