Sukhendra @ Sukhendra Singh @ Mote and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10589 of 2023 Applicant :- Sukhendra @ Sukhendra Singh @ Mote And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Ramakar Shukla,Abhinav Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, 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 21-09-2017 passed by the learned Additional Chief Judicial Magistrate, Court No. 5, Hardoi in Complaint Case No. 727 of 2017, under sections 323,504,379 of I.P.C. in respect of applicant nos. 1 & 2 and Sections 354-B, 323,504,379 of I.P.C. in respect of applicant nos. 3 & 4, Police Station-Lonar, District-Hardoi and the Judgment and order dated 26-09-2023 passed by the learned Sessions Judge, Hardoi in Crl.Revision No. 267 of 2022. 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 :- 1.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench