Smt. Saraswati Devi @ Saraswati v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lucknow and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11001 of 2023 Applicant :- Smt. Saraswati Devi @ Saraswati Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lucknow And Another Counsel for Applicant :- Pawan Kumar Gautam,Pintoo Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard learned counsel for the applicant and 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 impugned summoning order dated

02.03.2022 passed by learned Additional Chief Judicial Magistrate, Court No.17, Barabanki in Case Crime No.70/2018 and impugned chargesheet no.177 of 2018 dated 27.11.2018 under Section 3/7 Essential Commodity Act, Police Station Jahangirabad District Barabanki.

¶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