Kutubuddin and Another v. State of U.P. Thru. Chief Secy. Deptt. Home, Lucknow and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11467 of 2023 Applicant :- Kutubuddin And Another Opposite Party :- State Of U.P. Thru. Chief Secy. Deptt. Home, Lucknow And Another Counsel for Applicant :- Azay Kumar Mishra,Vikas Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners/ 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/set-aside the charge sheet No. 138/2016 dated 02.09.2016 filed in Case Crime No. 164/2016, Police Station-Kursi, District-Barabanki and summoning order dated

30.10.2017 alongwith entire proceedings of Case No. 7245/2017 (State v. Aneek and others) pending before Additional Chief Judicial Magistrate/Fast Track Court, Court No. 38, District Barabanki. 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 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 :- 23.11.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench