Aslam @ Bablu v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11682 of 2023 Applicant :- Aslam @ Bablu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vimal Kishor Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner/ applicant 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 for the following main relief:- "The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Charge Sheet dated

12.05.2013, under section 147, 149, 323, 504, 506, 336 I.P.C., & 7 Criminal Law Amendment Act, Police Station Chowk, District - Lucknow as well as summoning order dated 27.08.2016, passed by Learned Additional Chief Judicial Magistrate, Court No.29, Lucknow, as well as Non-Bailable Warrant order dated 13.07.2018, passed by Learned Additional Chief Judicial Magistrate, Court No.V, Lucknow, arising out of Case Crime No. 456/2010, U/S 147, 149, 323, 504, 506, 336 I.P.C., & 7 Criminal Law Amendment Act, Police Station Chowk, District - Lucknow, so far it relates to the present petitioner. It is further prayed that this Hon'ble Court may also kindly be pleased to stay the further proceeding of the aforesaid case, pending before the Learned Additional Chief Judicial Magistrate, Court No.29, Lucknow, during pendency of the aforesaid case." 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 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 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 :- 30.11.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench