Joga Singh and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Court No. - 27 Case :- APPLICATION U/S 482 No. - 10545 of 2023 Applicant :- Joga Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Sri Ashish Kumar Singh, learned counsel for the applicants, Sri Girijesh Dwivedi, learned A.G.A.-I for the State and perused the material placed on record.

¶2Instant application under Section 482 Cr.P.C has been filed with prayer for quashing of the Charge sheet No.1 dated 11-10-2021 (State vs Joga Singh & another) in Case Crime No. 0475/2021 Under Sections 323,325,504,506,286,427 IPC, Police Station-Hargauv, District-Sitapur, and consequent proceedings thereto as well as setting aside the summoning order dated 07-10-2022 passed by the Chief Judicial Magistrate, District Sitapur.

¶3Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case. He further added that the applicants were not involved in committing the 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 of 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).

¶7The application is disposed of accordingly. Order Date :- 30.10.2023/Manoj K. High Court of Judicature at Allahabad, Lucknow Bench