Chandra Shekhar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10744 of 2023 Applicant :- Chandra Shekhar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ashish Kumar Tiwari,Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Shri Nirmal 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 entire proceedings of Criminal Case No. 653 of 2020; State Vs. Chandra Shekhar and another, arising out of Case Crime No. 209 of 2019, under sections 406,420 of I.P.C., Police Station-Baddupur, District-Barabanki as well as impugned Chargesheet No. A-40/20, dated 15-04-2020 submitted by the Investigating OfÏcer against the applicant, under sections 406,420 of I.P.C. in the aforesaid Case Crime No. 209 of 2019 and the impugned cognizance/summoning order dated 23-09-2020 passed by the learned Additional Chief Judicial Magistrate, Court No. 23, Barabanki. 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 :- 2.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench