Sri Pal and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 13 Case :- APPLICATION U/S 482 No. - 10850 of 2023 Applicant :- Sri Pal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rahul Singh Rana Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for petitioner as well as learned Additional Government Advocate for State. The present 482 Cr.P.C. petition has been filed to quash the impugned charge sheet dated 26.08.2022 filed under section 308, 325 IPC as well as the cognizance and summoning order dated 22.03.2023 passed in criminal case no. 6516/2023 by learned Additional Chief Judicial Magistrate-IV, Raebareli relating FIR no. 218/2022 under section 308, 325 IPC, Police Station - Lalganj, District - Raebareli so far as it relates with the petitionersand further proceedings of the case in pursuance thereof. Learned counsel for petitioner, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" to which learned A.G.A. has no objection. In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the petitioner appears before the trial court within three weeks from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra). The petition is disposed of accordingly. Order Date :- 6.11.2023 R.C. High Court of Judicature at Allahabad, Lucknow Bench