Dev Kumar Singh And 3 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Dev Kumar Singh And 3 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 5 February, 2024

Author: Rajesh Singh Chauhan

Bench: Rajesh Singh Chauhan

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:10413
 
Court No. - 11
 

 
Case :- APPLICATION U/S 482 No. - 775 of 2024
 

 
Applicant :- Dev Kumar Singh And 3 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Prince Singh,Anand Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajesh Singh Chauhan,J.
 

1. Heard learned counsel for the petitioners and learned A.G.A. for the State.

2. In view of the proposed order, notice to opposite party no.2 is dispensed with.

3. By means of this petition filed under Section 482 Cr.P.C., the petitioners have prayed the following main reliefs:-

"The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the judgment order dated 12.01.2024, Passed by Session Judge Sultanpur in Criminal Revision No. 387/2023, 'Dev Kumar Singh and others Vs State of U.P. through District Magistrate Sultanpur and another' arising out of Case Crime No. 3910/2023, "Sangeeta Vs Dev Kumar and others" under section 323, 354, 504, 506, I.P.C. contained in Annexure no.1.

It is further prayed that this Hon'ble Court may kindly also be pleased to stay the further proceeding of aforesaid Case No. 3910/2023, "Sangeeta Vs Dev Kumar and others", during pendency of the present petition, in the interest of justice."

4. At the outset, learned counsel for the petitioners has prayed that direction may be issued to the court below for disposal of bail application of the petitioners expeditiously in the light of dictum of the Apex Court in re; Satender Kumar Antil Vs. Central Bureau of Investigation & Anr, Petition(s) for Special Leave to Appeal (Crl.) No(s).5191/2021.

5. Learned A.G.A. has no objection to the aforesaid prayer.

6. Therefore, it is provided that if the petitioners surrender within three weeks from today and move application for bail, the same shall be considered and disposed of by the court below expeditiously in the light of the dictum of Hon'ble Apex Court in re; Satender Kumar Antil (supra).

7. After getting bail, the petitioners may move discharge application and if such discharge application is filed by the petitioners before the learned court below, the same shall be considered and decided, strictly in accordance with law, by affording an opportunity of hearing to the concerning parties, expeditiously.

8. Accordingly, the instant petition is disposed of finally.

[Rajesh Singh Chauhan,J.]

Order Date :- 5.2.2024

RBS/-