Smt. Jaya Saini And Others vs State Of U.P. Thru. The Prin. Secy. ...
2023 Latest Caselaw 25832 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:60838
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 9152 of 2023
 

 
Applicant :- Smt. Jaya Saini And Others
 
Opposite Party :- State Of U.P. Thru. The Prin. Secy. /Addl. Chief Secy. Home Deptt. Lko. And Another
 
Counsel for Applicant :- Bhupendra Nath Tripathi,Deena Nath Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

1. Heard Sri Bhupendra Nath Tripathi, learned counsel for the applicants, Smt Nusrat Jahan, 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 set aside/quash the impugned cognizance and summoning order dated 14.06.2023 passed by the learned Addl. Chief Judicial Magistrate (First) Court No.25, Lucknow in Criminal Complaint Case No.6238 of 2022, W/S Crl. Case No.11454 of 2022, Nishant Saini Versus Jaya Saini and others under sections 504 and 506 of IPC.

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 :- 21.9.2023

Mayank