Harsh Vardhan Singh v. State of U.P. Thru. the Prin. Secy. (Home), Civil Sectt. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10800 of 2023 Applicant :- Harsh Vardhan Singh Opposite Party :- State Of U.P. Thru. The Prin. Secy. (Home), Civil Sectt. Lko. And Another Counsel for Applicant :- Kushagra Dikshit Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant and Sri Sushil Kumar Pandey, learned A.G.A. for the State as well as perused the material placed on record. The instant application under Section 482 Cr.P.C has been filed for quashing summoning order dated 20.7.2019 and order dated

26.5.2022 passed by the Additional Chief Judicial Magistrate-I, Court No.11, Raebareli whereby bailable warrant has been issued against the applicants in respect of S.T. No.6964 of 2019 arising out of Case Crime No.0267 of 2018 under Sections 419, 420 of I.P.C. relating to Police Station Harichandpur, District Raebareli pending in the Additional Chief Judicial Magistrate-I, Court No.11, Raebareli. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicant. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicant on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. 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 in the case of Satender Kumar Antil Vs. 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 versus Central Bureau of Investigation and another (supra). The application is disposed off accordingly. Order Date :- 8.11.2023 Ram Murti High Court of Judicature at Allahabad, Lucknow Bench