Shyam Prakash Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11999 of 2023 Applicant :- Shyam Prakash Yadav And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Sudhakar Mishra 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 has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quashed the entire proceedings of the Case No.6610/2023 arising out of case Crime no. 0025/2023 Under Section 323/504/506/452/354 IPC, Police Station - Kurebhar District-Sultanpur, pending in the court of learned Civil Judge (J.D.) F.T.C., Sultanpur and cognizance order dated 01.08.2023, as well as summoning order dated

01.08.2023 passed by in the court of learned Civil Judge (J.D.) F.T.C., Sultanpur, and impugned Charge sheet dated 29.03.2023 charge sheet No. 1/2023 contained in Annexure No.1 and 2 to this Petition." 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 :- 11.12.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench