Amrish Singh and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12739 of 2023 Applicant :- Amrish Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Umesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner/ 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. quash the impugned summoning order dated 09.11.2023, passed by Addl. Chief Judicial Magistrate, Gonda U/s-323, 504 I.P.C. for the 2nd Petitioner & Section 323, 504, 379 I.P.C. for the 1st Petitioner, contained as Annexure No. 1 to this application; ii. quash the impugned impugned Complaint made to the magistrate dated 25.09.2023 which led to Complaint Case Number 18583/2023, contained as Annexure No. 2 to this application; iii. stay the further proceedings of Complaint Case No. 18583/2023 titled as Shubham Singh v. Sarvesh Singh @ Tuttur & Ors. pending in the Court of Addl. Chief Judicial Magistrate, Gonda;" 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 :- 22.12.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench