Bechu Prasad Mishra @ Bechu Mishra and 6 Others v. State of U.P. Thru. Prin. Secy. Home Lko.And Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 6916 of 2023 Applicant :- Bechu Prasad Mishra @ Bechu Mishra And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.And Another Counsel for Applicant :- Pankaj Verma,Harish Chandra Yadav,Kuldeep Kumar Srivastava,Ram Suphal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants 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 applicants with the prayer to quash the charge sheet dated

02.08.2020 along with entire proceedings in Criminal Case No. 5210 of 2020, (State of U.P. vs. Bechu Prasad Mishra and others) arising out of Case Crime No. 66 of 2020, under Sections 147, 148, 323, 504, 506, 452, 427, 325 IPC, Police Station Jaitpur, District Ambedkar Nagar pending before Civil Judge (Junior Division), Tanda/Judicial Magistrate, Ambedkar Nagar After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants 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 applicants 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 applicants. As prayed, liberty is granted to the applicants 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 applicants 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 applicants 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 :- 21.11.2023/Raj High Court of Judicature at Allahabad, Lucknow Bench