Ram Ashish and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12590 of 2023 Applicant :- Ram Ashish And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sanjay Kumar Singh 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 under Section 482 Cr.P.C has been filed by the applicant for the following main relief:- "Set aside the entire criminal proceedings of Criminal Case No. 13787 of 2020 "State Versus Mahrajdin and others" pending in the court of learned Chief Judicial Magistrate, Faizabad arising out of Case Crime No. 0206 of 2020, under sections-147, 148, 323, 504 & 506 I.P.C. Police Station-Kotwali Rudauli, District-Ayodhya alongwith summoning order dated

12.11.2020 and chargesheet dated 09.08.2020 so far it relates to applicants as contained in Annexure No. 1 & 2 to this petition." After arguing at some length, learned counsel for the applicants 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 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 :- 22.12.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench