Vishwanath Pratap Singh and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11131 of 2023 Applicant :- Vishwanath Pratap Singh And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Virendra Prakash Pandey,Prashant Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Shri Girijesh Dwivedi, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed to quash the impugned chargesheet dated 03-06-2020 filed by the Investigating ofÏcer in Case Crime No./FIR No. 0219 of 2019, under sections 323,504,506,452 of I.P.C., Police Station-Alapur, District-Ambedkar Nagar as well as the summoning order dated 07-08-2020 passed by the Civil Judge(Junior Division), Fast Track/Judicial Magistrate, Ambedkar Nagar, in Criminal Case No. 4918 of 2020, arising out of Case Crime/FIR No. 0219 of 2019, under sections 323,504,506,452 of I.P.C., Police Station-Alapur, District-Ambedkar Nagar. Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below. At this stage, learned counsel for the applicants 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 applicants. On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). The application is disposed of accordingly. Order Date :- 9.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench