Sapna Mishra v. State of U.P. Thru. Secy. Ministry of Home Affairs Civil Sectt. Lucknow and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10734 of 2023 Applicant :- Sapna Mishra Opposite Party :- State Of U.P. Thru. Secy. Ministry Of Home Affairs Civil Sectt. Lucknow And Another Counsel for Applicant :- Ramesh Chandra Pathak,Alok Verma,Mohit Pathak,Pratyush Srivastava,Rana Pratap Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, 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 chargesheet no. 01 dated 20-07-2021 filed in the crime no. 0052 of 2021, under sections 406/420 of I.P.C., Police Station-Talkatora, District-Lucknow and the summoning order dated 13-01-2022. 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, she 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). Further, the applicant 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 him, 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. The application is disposed of accordingly. Order Date :- 2.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench