Kamta Prasad Tiwari v. State of U.P. Thru. Addil. Chief Secy. Deptt. Home Govt. Civil Secrt. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10957 of 2023 Applicant :- Kamta Prasad Tiwari Opposite Party :- State Of U.P. Thru. Addil. Chief Secy. Deptt. Home Govt. Civil Secrt. Lko. And Another Counsel for Applicant :- Karunakar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. Instant application under Section 482 Cr.P.C has been filed with prayer quashing of the entire proceedings of the case and order dated 07.02.2022 passed by Additional Civil Judge (J.D.), Court No.5, Sitapur and Charge sheet No. 112 of 2020, dated

29.05.2020 arising out of Case Crime No.155 of 2019, under Sections 147, 148, 186, 341, 353 IPC and 7 Criminal Law Amendment Act, Police Station - Sakran, District - Sitapur, pending in the court of Additional Civil Judge (J.D.), Court No.5, Sitapur. Learned 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. 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). Further, 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 them, 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. The application is disposed off accordingly. Order Date :- 7.11.2023 Anurag High Court of Judicature at Allahabad, Lucknow Bench