Saroja Devi and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11823 of 2023 Applicant :- Saroja Devi And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ved Prakash Yadav,Devraj Yadav 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 the entire criminal proceedings of Case No. 12395 of 2023 (State vs. Rama Shanker & Others) arising out Case Crime No. 312 of 2021 under Section 147, 149, 323, 504, 506 IPC, Police Station Raniganj, District Pratapgarh pending before Additional Chief Judicial Magistrate, Pratapgarh as also the summoning order dated 02.08.2023 and the Charge Sheet No. 282 of 2021, dated

08.08.2021. After arguing at some length, learned counsel for the applicants/petitioners 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 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench