Narad Rai v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11166 of 2023 Applicant :- Narad Rai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And Another Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant as well as learned AGA for the State and 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 Case No.348 of 1991, arising out of Case Crime No.50 of 1990, under section 393, 332 I.P.C., Police Station-Jarwal Road, District-Bahraich (State Vs. Narad Rai and Others) pending in the court of Additional Chief Judicial Magistrate, Bahraich as well as the non bailable warrant dated

14.09.2023 issued by Additional Chief Judicial Magistrate, Bahraich, as well as charge-sheet dated 13.04.1991. 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 A.G.A. 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 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 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench