Diptendra Kumar @ Deepu @ Diptendra Kashyap and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12484 of 2023 Applicant :- Diptendra Kumar @ Deepu @ Diptendra Kashyap And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Nisha Srivastava 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 for the following main prayer:- "The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Chargesheet dated

29.05.2021, under sections - 147, 323, 504, 506, 336, 308, 324 I.P.C., Police Station - Loni Katra, District - Barabanki, as well as summoning order dated 05.10.2021, passed by Learned Additional Chief Judicial Magistrate, A.C.J.M.-19, Barabanki, in Case No. 83/2022, CNR No. UPBB040286072021, 'State Vs Manish Kashyap & others', arising out of Case Crime No. 0130/2021, under section 147, 323, 504, 506, 336, 308 I.P.C., Police Station - Loni Katra, District - Barabanki." 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 :- 20.12.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench