Ramesh Kumar Verma (In Charge Sheet Ramesh Kumar) and Aanother v. State of U.P. Thru. Prin. Secy.(Home), Govt. U.P. Lucknow and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12704 of 2023 Applicant :- Ramesh Kumar Verma (In Charge Sheet Ramesh Kumar) And Aanother Opposite Party :- State Of U.P. Thru. Prin. Secy.(Home), Govt. U.P. Lucknow And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the 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 applicants for the following main relief:- "Wherefore, it is most respectfully that this Hon'ble Court may kindly be pleased quash the impugned charge sheet dated 31.05.2023 vide Case Crime No.104/2023 Under Section 147, 148, 452, 354, 504, 323, 506 IPC, Police Station Kurebhar Sultanpur and the order of cognizance and summoning order dated 03.07.2023 passed by/ pending in the court of Learned Additional Civil Judge/Judicial Magistrate, Court No.20, Sultanpur in Crl. Case No.1526/2023 "State Vs. Amit Verma & others" and further proceedings of the case passed in pursuance thereof, so far it relates to the petitioners." 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 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 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