Ram Baran Singh Lodhi v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 8869 of 2023 Applicant :- Ram Baran Singh Lodhi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rakesh Kumar Maurya,Adarsh Kumar Maurya Counsel for Opposite Party :- G.A.,Ashok Kumar Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner/ applicant and learned AGA for the State as well as perused the record. The present petition under Section 482 Cr.P.C has been filed by the applicant with the prayer to quash the entire criminal proceedings of Criminal Case No. 55048 of 2018, CNRUP LKO-40805532018 (State v. Ram Baran Singh Lodhi) arising out of F.I.R. No. 398 of 2018, under Section 504/506 IPC, Police Station Aashiyana Commissionrate Lucknow, District Lucknow pending before Additional Chief Judicial Magistrate, Court No. 5, Lucknow. After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant for moving a discharge application before the court below and the same may be decided expeditiously. It is further prayed that liberty may also be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another. Learned AGA has no objection to the prayer made by learned counsel for the applicant. As prayed, liberty is granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. As far as prayer made by learned counsel for the applicant to grant liberty to the applicant to file bail application and the same may be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra), liberty is given to the applicant to move bail application before the trial court and the same shall be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). With the aforesaid observations, the present petition is disposed of. Order Date :- 16.11.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench