Abdul Azeez v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 10803 of 2023 Applicant :- Abdul Azeez Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, Shri Amit Kumar Diwedi, learned counsel appearing for the electricity department 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 charge sheet No. 0092 of 2023 dated 28.02.2023, summoning order dated 15.07.2023 issued by Additional Sessions Judge, Unnao in S.T. 797/2023 in Case Crime No.644 of 2020, (State vs. Abdul Azeez), under Section 135 of Indian Electricity Act, Police Station-Maurawan, District-Unnao pending before Chief Judicial Magistrate alongwith the entire criminal proceedings of the aforesaid case pending before the court concerned. 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 applicants. 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 :- 23.11.2023/Raj High Court of Judicature at Allahabad, Lucknow Bench