Allahabad High Court
Deep Kumar Alias Deep Gupta vs State Of U.P. And Another on 25 November, 2024
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:184378
Court No. - 74
Case :- APPLICATION U/S 482 No. - 10327 of 2024
Applicant :- Deep Kumar Alias Deep Gupta
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abhishek Chauhan,Naveen Prakash,Sumant Kumar Tiwari
Counsel for Opposite Party :- G.A.,Manvendra Singh,Vineet Kumar Singh
Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant, learned Additional Government Advocate appearing for opposite party no.1-State and Shri Vineet Kumar Singh learned counsel for the opposite party no.2.
2. Application under section 482 Cr.P.C. has been filed challenging charge-sheet dated 22.11.2022, cognizance/ summoning order dated 17.01.2024 as well as proceedings of Criminal Case No.508 of 2024 (State Versus Deep Kumar), under Sections 328, 376, 506 IPC arising out of Case Crime No.640 of 2023, Police Station Kotwali, District Fatehpur.
3. Learned counsel for applicant submits that a bare perusal of the first information report lodged after the application was filed under Section 156(3) Cr.P.C. indicates that allegations levelled against the applicant are patently absurd. It is submitted that although allegation has been levelled with regard to obscene video being made of the opposite party no.2, no such video was ever recovered during investigation. It is submitted that first information report against applicant has been lodged only as a matter of retribution since he had demanded refund of amount loaned by the applicant to the opposite party no.2
4. Learned AGA as well as opposite party no.2 have refuted submissions advanced by learned counsel for the applicant with the submission that even prima facie perusal of the first information report and statements recorded under Sections 161 and 164 Cr.P.C. clearly make out imputation of sections against the applicant.
5. After arguing the matter at some length, learned counsel for applicant on the basis of instructions, seeks liberty to file discharge application as well as benefit of judgment rendered by Hon'ble the Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation & Another (Petition for Special Leave to Appeal (Cri) No.5191 of 2021) dated 07.10.2021.
6. Considering aforesaid submissions, liberty is granted to applicant to file a discharge application before the court concerned along with an application seeking bail.
7. The aforesaid applications shall be considered and decided by the trial Court expeditiously, keeping in view of law laid down in the case of Satender Kumar Antil (supra).
8. With the aforesaid direction, the application stands disposed of.
Order Date :- 25.11.2024
RKM
