Channu Alias Channu Chauhan v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10997 of 2023 Applicant :- Channu Alias Channu Chauhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard learned counsel for the applicant and Sri Nirmal Kumar Pandey, learned A.G.A. for the State as well as perused the record.

¶2Instant application under Section 482 Cr.P.C has been filed with prayer for quashing of the entire proceedings of the criminal case no.6814 of 2022 arising out of impugned chargesheet no.A195 of 2022 dated 22.06.2021 in Case Crime No.204 of 2021 under section 323, 504, 506 and 308 IPC Police Station Akbarpur, District Ambedkar Nagar pending in the Court of Chief Judicial Magistrate, Ambedkar Nagar as well as impugned summoning order dated 30.05.2022 passed by Chief Judicial Magistrate, Ambedkar Nagar.

¶3Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.

¶4At 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.

¶5Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

¶6On 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).

¶7The application is disposed of accordingly. Order Date :- 7.11.2023/-Amit K-High Court of Judicature at Allahabad, Lucknow Bench