Hemant Kumar Alias Pintoo Yadav and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11598 of 2023 Applicant :- Hemant Kumar Alias Pintoo Yadav And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Anuruddh Prasad 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. 1 dated

10.03.2021, summoning order dated 16.11.2021 arising out of Case Crime No. 504 of 2020, under Sections 34, 308, 323, 504, 506, 452, 325 IPC, Police Station Kadipur, District Sultanpur as well as entire proceedings of Criminal Case No. 3300 of 2022 (State vs. Hemant and others) pending in the Court of Judicial Magistrate, Court No. 26, Sultanpur and further to stay the implementation of the impugned summoning order dated

16.11.2021 and entire proceedings of Criminal Case No. 3300 of 2022. 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 applicants 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 :- 29.11.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench