Ghanshyam Verma And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 26639 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:62663
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 9430 of 2023
 

 
Applicant :- Ghanshyam Verma And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Vimal Kishor Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Learned counsel appearing for the applicants submits that he may be permitted to make corrections in the instant application as well as in the memo of application as Section 308 of I.P.C., has been left to be incorporated.

Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

In view of aforesaid submissions, learned counsel for the applicants is permitted to correct the aforesaid during the course of the day.

Heard learned counsel for the applicants, Sri B.N.Nishad, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to quash the Chargesheet No. 01 of 2022, dated 15-04-2022, under sections 323,504,506,308 of I.P.C.,Police Station-Masauli, District-Barabanki as well as the summoning order dated 03-02-2023 passed by the learned Additional Chief Judicial Magistrate, Court No. 25, Barabanki in Criminal Case No. 7636, arising out of Case Crime No. 0081 of 2022, under sections 323,504,506,308 of I.P.C.,Police Station-Masauli, District-Barabanki

Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.

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.

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

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).

The application is disposed of accordingly.

Order Date :- 27.9.2023

AKS