Vinod Mishra vs State Of U.P. And Another
2024 Latest Caselaw 37836 ALL

Citation : 2024 Latest Caselaw 37836 ALL
Judgement Date : 18 November, 2024

Allahabad High Court

Vinod Mishra vs State Of U.P. And Another on 18 November, 2024

Author: Manish Mathur

Bench: Manish Mathur





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:179893
 
Court No. - 74
 

 
Case :- APPLICATION U/S 482 No. - 33679 of 2024
 

 
Applicant :- Vinod Mishra
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vikash Chandra Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for applicant and learned Additional Government Advocate for opposite party no.1-State.

2. In view of order being passed, notices to opposite party no.2 stand dispensed with.

3. Application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 03.08.2024 as well as entire proceedings of S.T. No. 494 of 2022 (State versus Vinod Mishra) arising out of Case Crime No. 165 of 2020 registered under Sections 188, 308, 506 I.P.C. P.S.-Barsathi, District-Jaunpur pending in the court of Additional Session Judge Fast Track Court, 2nd Jaunpur.

4. Learned counsel for applicant submits that while taking cognizance and framing charges against applicant, it has not been considered that the applicant was not present at the place and time on which the alleged incident is said to have occurred.

5. It is however admitted by him that a such a plea taken in defence amounts to plea of alibi for which evidence will be required to be led.

6. After arguing at some length submits, learned counsel for the applicant seeks benefit of judgment rendered by Hon'ble Supreme Court in the Case of Satender Kumar Antil versus Central Bureau of Investigation and another passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 on 7.10.2021 may be granted to applicant.

7. Learned A.G.A. appearing on behalf of State does not have any opposition in case such benefit is granted to applicant.

8. In view of aforesaid submissions, liberty is granted to applicant to file bail application before court concerned. In case such bail application is filed, the same shall be considered and decided expeditiously in view of law laid down in Satender Kumar Antil (supra).

9. The Application is disposed of accordingly.

Order Date :- 18.11.2024