Mohd. Hasan Khan and 2 Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11264 of 2023 Applicant :- Mohd. Hasan Khan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Iqbal Ahmad,Mohd. Kumail Haider Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard learned counsel for the applicants 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 impugned Charge Sheet dated

30.11.2018 in Case Crime No. 173/2018 under Section 147, 149, 323, 325, 504, 308 IPC, Police Station-Kotwali Dehat, District-Balrampur.

¶3Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report.

¶4At 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.

¶5Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.

¶6On 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).

¶7The application is disposed off accordingly. Order Date :- 9.11.2023 -Amit K-High Court of Judicature at Allahabad, Lucknow Bench