Shazia Bano Alias Sadia and 3 Others v. State of U.P. Thru. Its Prin. Secy. Home ( Crime and Investigation ) Lko. and 4 Others

Court No. - 11 Case :- APPLICATION U/S 482 No. - 6088 of 2023 Applicant :- Shazia Bano Alias Sadia And 3 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home ( Crime And Investigation ) Lko. And 4 Others Counsel for Applicant :- Shakeel Ahmad Jamal Counsel for Opposite Party :- G.A.,Abhay Pratap Yadav,Sachin Gupta 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 under Section 482 Cr.P.C has been filed for the following main relief:- "It is therefore most respectfully prayed from this Hon'ble Court to kindly stay the implementation and operation of the summoning order dated 12-05-2023 and summons there of in Complaint Case No. 7440 of 2021 (CNR No - UPLKO 41440662022) under section 323 and 504 IPC, PS-Thakurganj, District-Lucknow and kindly quash the above complaint case in the interest of justice." 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