Arun Kumar Sahu v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow, U.P. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11759 of 2023 Applicant :- Arun Kumar Sahu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow, U.P. And Another Counsel for Applicant :- Vivek Kumar Divedi 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 with the prayer to set aside the entire criminal proceedings of impugned summoning order dated 25.05.2023 passed by the Special Judge SC/ST Act, Pratapgarh in S.C.No. 960/2023 (State Versus Arun Kumar Sahu) and the charge sheet no. 96/2022 dated 28.07.2022 arising out of Case Crime No. 111 of 2022, under Sections 323/504/506 IPC and 3(1)Da, 3(1)Dha, 3(2)Va, SC/ST Act, Police Station Nawabganj, District Pratapgarh. 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 applicant. 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 applicant 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 :- 6.12.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench