Smt. Asha Singh v. State of U.P. and Anr

Court No. - 11 Case :- APPLICATION U/S 482 No. - 3482 of 2017 Applicant :- Smt. Asha Singh Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Shishir Pradhan Counsel for Opposite Party :- Govt. Advocate,Adarsh Kumar Maurya,Chandra Prakash Verma,Rakesh Kumar Maurya,Suneel Kumar Lodhi 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 application under Section 482 Cr.P.C has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned charge-sheet dated

25.11.2016 filed by the investigating officer in Case Crime No. 09/2015, Under

section-420/467/471/447/120-B

I.P.C.

against

the applicant/petitioner pertaining to Police Station-Alambagh, District-Lucknow and N.B.W. order if any against the applicant in pursuance of S.H.O. application dated 14.11.2016 as Criminal Case No. 430556 of 2016 pending in the court of learned Judicial Magistrate-III, Lucknow, as contained in Annexure No. 1 to the affidavit." 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 :- 7.12.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench