Ram Bharose Yadav and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11168 of 2023 Applicant :- Ram Bharose Yadav And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow And Another Counsel for Applicant :- Abdul Samad,Surya Nath 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 for the following main relief:- "Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Charge-Sheet dated 23.03.2023 filed by the investigating Officer in FIR No./Case Crime No. 0063/2023, U/S-452, 308, 323, 506, 325 I.P.C., Police Station-Maharajganj, District-Rae Bareli Annexure No.1 and also against the cognizance order dated

06.07.2023 passed by the learned Additional Chief Judicial Magistrate-Ist, Rae Bareli in Criminal Case No. 12751/2023 (FIR No./Case Crime No. 0063/2023), U/S-452, 308, 323, 506, 325 I.P.C., Police Station-Maharajganj, District-Rae-Bareli, State Vs. Ram Bharose Yadav & others Annexure No.2 against the petitioners., in the interest of Justice." After arguing at some length, learned counsel for the applicants 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 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 applicants 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 :- 23.11.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench