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Harikesh Chauhan and 3 Others v. State of U.P. Thru.Prin.Secy. Home and Another

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
30 October 2023
Bench
Brij Raj Singhauthor
Case no.
10555/2023

Judgment

Court No. - 27 Case :- APPLICATION U/S 482 No. - 10555 of 2023 Applicant :- Harikesh Chauhan And 3 Others Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another Counsel for Applicant :- Arshad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicants, learned A.G.A. 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 entire proceedings of impugned Summoning order dated dated 07.04.2023 passed by the Civil judge Junior Division F.T.C. Court No.39, Barabanki in case No. 25582/2022, in Crime no. 809/2020, U/S-406,420 I.P.C. at Police Station-Kotwali, District-Barabanki, (Mahangu Chauhan Versus Harikesh Chauhan and Others).

¶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

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.