Durga Shanker and 5 Others v. State of U.P. Thru. Prin. Secy. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 9997 of 2023 Applicant :- Durga Shanker And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Satish Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard Sri Satish Kumar, learned counsel for the applicants and Sri Girijesh Dwivedi, learned A.G.A. for the State as well as perused the record.

¶2Instant application under Section 482 Cr.P.C has been filed with prayer to set aside/quash the impugned charge sheet No.1 dated 3.6.2023 arising out of Case Crime No.521 of 2022 under Sections 147, 452, 323, 504, 506, 427 IPC, Police Station Kadipur, District Sultanpur as well as the summoning order dated 6.7.2023 passed by Civil Judge (Junior Division)/Judicial Magistrate, Room No.29, Sultanpur in Criminal Case No.5989 of 2023 (State Versus Radhey Krishna & Others).

¶3Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report.

¶4At 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.

¶5Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.

¶6On 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).

¶7Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.

¶8The application is disposed off accordingly. Order Date :- 12.10.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench