Dinesh @ Dinesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 9817 of 2023 Applicant :- Dinesh @ Dinesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shyamendra Singh,Praveen Yadav,Tej Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Shri Sushil Kumar Pandey, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed to quash the impugned summoning order dated 21-11-2019 passed by the ACJ(S.D.)- II, Sitapur in Case Crime No. 227 of 2019, under section 354 of I.P.C., relating to Police Station-Pisawan, District-Sitapur and the impugned Chargesheet dated 23-08-2019 and the proceeding pending in the court of learned ACJ-III(J.D.), Sitapur. Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below. At this stage, learned counsel for the applicant 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 applicant. On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant appears before the trial court within two weeks from today and files 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 :- 10.10.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench