Dildar Hussain v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10669 of 2023 Applicant :- Dildar Hussain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Another Counsel for Applicant :- Shabana Rizvi,Rajiv Kumar Bajpai Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard Ms. Suparna Mishara, learned counsel for the applicant, Shri Girijesh Kumar Dwivedi, 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 05-08-2023 and the chargesheet dated 28-06-2023, order passed by the Chief Judicial Magistrate,Room No. 16,Sultanpur in Crl. Case No. 7644 of 2023, arising out of Case Crime No. 523 of 2023, under sections 323,504,506 & 308 of I.P.C., Police Station-Kotwali Nagar, District-Sultanpur. Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below. At this stage, learned counsel for the applicant 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 applicant. On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant appears before the trial court within two weeks from today and files 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