Hargovind and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 9968 of 2023 Applicant :- Hargovind And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Pankaj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Shri Nirmal 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 chargesheet dated 01-10-2017 and the summoning order dated 07-02-2018 passed by the learned Chief Judicial Magistrate, Sitapur in Criminal Case No. 5019 of 2018,whereby summoning the applicants to face trial vide Crime No. 216 of 2017, under sections 147,148,149,324,323,504,506,308 of I.P.C.,Police Station-Hargaon, District-Sitapur. 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 :- 12.10.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench