Ranjeet Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11002 of 2023 Applicant :- Ranjeet Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Indrajeet,Amit Kumar Srivastava 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 the entire proceedings of the case and order dated 20.03.2023 passed by learned Special Chief Judicial Magistrate (Custom), Lucknow and Charge sheet No.1 of 2022, dated 30.08.2022 arising out of Case Crime No.125 of 2020, under Sections 420 and 406 IPC and 66 D I.T. Act, Police Station - Alambagh, District - Lucknow.

¶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).

¶7Further, 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.

¶8The application is disposed of accordingly. Order Date :- 7.11.2023 -Amit K-High Court of Judicature at Allahabad, Lucknow Bench