Shah Alam v. State of U.P. Thru. Secy. Home Deptt. Govt. of U.P. Civil Sectt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12609 of 2023 Applicant :- Shah Alam Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Govt. Of U.P. Civil Sectt. Lko. And Another Counsel for Applicant :- Noor Alam Khan,Syed Aftab Ahmad Counsel for Opposite Party :- G.A. 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 petition under Section 482 Cr.P.C has been filed by the applicant for the following relief:- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to set aside / quash the entire criminal proceeding of criminal case no 19599/2021 arising out of case crime No. 380/2021 U/S 323,504,,336,147,IPC related P/S-Katra bazar district Gonda along with charge sheet dated 12.03.2022 and summoning order dated 27/07/2022 as well as order dated 09/11/2023 passed by J.M 2nd district Gonda against the petitioner contained as Annexure No 1 & 2 this petition, in the interest of justice." 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 applicants. 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 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 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 :- 22.12.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench