Abbas Ali @ Abbas Maulvi and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11904 of 2023 Applicant :- Abbas Ali @ Abbas Maulvi And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. And Another Counsel for Applicant :- Bare Lal Bhartiya 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 application under Section 482 Cr.P.C has been filed by the applicants/petitioners with the prayer to quash the summoning order dated 18.12.2015 passed by the Judicial Magistrate-II, Court No.19, Raebareli in Criminal Case No. 2870 of 2015 (State vs. Abdul Salam), arising out of Case Crime No. 265 of 2015 under Sections 406, 419, 420, 504, 506 IPC, Police Station-Shivratanganj, District-Amethi as also the Charge Sheet No. 55 of 2015, dated 05.06.2015. 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 :- 7.12.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench