Sirtaj @ Chand and 2 Others v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11436 of 2023 Applicant :- Sirtaj @ Chand And 2 Others Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Girish Kumar 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

15.10.2023 along with impugned cognizance and summoning order dated 26.10.2023 and other consequential orders passed in Criminal Case No.7917 of 2023 arising out of Crime No.0302 of 2023 under Section 147, 148, 149, 452, 308, 323, 325, 504, 506 I.P.C., Police Station-Kurwar, District-Sultanpur pending before Court of Civil Judge F.T.C. (J.D.), Sultanpur as also to stay the operation and implementation of the impugned cognizance and summoning order dated 26.10.2023 as well as further proceeding of Criminal Case No.7917 of 2023. 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 :- 22.11.2023/Raj High Court of Judicature at Allahabad, Lucknow Bench