Rajendra Prasad and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12711 of 2023 Applicant :- Rajendra Prasad And 4 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Piyush Asthana 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 has been filed for the following main relief:- "i) to quash the chargesheet no.1 filed in crime no.231/ 2021 U/S-147/148/149/452/323/504/506 I.P.C., Police Station-Kakori, District-Lucknow (Annexure No. 1).

ii) To quash the cognizance & summoning order dated 03-04-2023 (annexure no.2) passed by the Court of A.C.J.M.-IV, Lucknow in criminal case no.30950/23.

iii) To quash the entire criminal proceeding arising out case crime no.213/2021, U/S-147/148/149/452/323/504/506 I.P.C. Police Station-Kakori, District-Lucknow, pending in the Court of A.C.J.M.-VI, as Case No. 30950/23." 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 applicant to file bail application and the same may be decided in 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 Vipul High Court of Judicature at Allahabad, Lucknow Bench