Pawan Kumar Verma and Another v. State of U.P. Thru. Secy. Home Deptt. Lucknow and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11786 of 2023 Applicant :- Pawan Kumar Verma And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lucknow And Another Counsel for Applicant :- Uttam Kumar Pathak,Onkar Nath Singh Rathore Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner/ applicants and learned AGA for the State as well as perused the record. The present petition has been filed for the following main relief:- "Wherefore it is respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet no. for quashing of the impugned charge sheet no.82/2023 dated 28.05.2023 filed against the petitioners u/s 147,148,323,308,504,506 IPC in crime no.54/2023 registered in P.S. Dilippur, District-Pratapgarh and entire the criminal proceeding of Case no 10240/2023 and cognizance order dated 02.06.2023. It is further prayed that this Hon'ble High Court may be pleased to stay the proceeding the case number no. 10240/2023" 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 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 :- 5.12.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench