Abhishek Pandey v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 15 Case :- APPLICATION U/S 482 No. - 12107 of 2023 Applicant :- Abhishek Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Anil Kumar Sharma, learned counsel for the appellant and Ms. Nusrat Jahan, learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed by the applicant-Abhishek Pandey for quashing of charge-sheet dated

05.02.2023 filed in Case Crime No. 0639/2022, under Sections 147, 323, 504, 506 and 149 I.P.C., Police Station Thakurganj, District Lucknow, pending in the Court of learned Special A.C.J.M. CBI (A.P.), Lucknow registered as Case No. 113347/2023 (State Vs. Dr. Mahfooz and others) and consequential summoning order dated 16.10.2023 passed by the court of learned Special A.C.J.M. CBI (A.P.), Lucknow and for quashing of entire proceedings thereof. After some argument, learned counsel for the applicant confined his prayer to the extent that a positive direction may be given to learned court below that if a bail application is moved before it by the applicant, the same may be considered and decided expeditiously in accordance with law in light of judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2022) 10 SCC 51 as the punishment in the above case is less than seven years. Learned A.G.A. has no objection to the prayer made by learned Counsel for the applicant and submit that a positive direction may be issued to the learned court below to consider and decide the bail application, if moved before it by the applicant, expeditiously in accordance with law after hearing the public prosecutor. In view of the submissions made by learned Counsel for the parties, if the applicant appear and surrender before the court below and apply for bail within four weeks' from today, the prayer for bail shall be considered and decided expeditiously by the court below in accordance with law after hearing the Public Prosecutor in light of judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra). With the aforesaid observations, this application is finally disposed of. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 13.12.2023 Arvind High Court of Judicature at Allahabad, Lucknow Bench