Archana Sahu ( in Charge Sheet Rachna Sahu) and 8 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Civil Secrt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12772 of 2023 Applicant :- Archana Sahu ( In Charge Sheet Rachna Sahu) And 8 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Civil Secrt. Lko. And Another Counsel for Applicant :- Praveen Kumar Tewari,Prateek Tewari,Rajiv Shukla 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 main relief:- "a. Quash the impugned charge-sheet no. 01 dated: 08.01.2018 arising out of FIR No. 385/2017 dated: 21.11.2017 under section 171-F, 188 IPC at Police Station-Naka Hindola, District-Lucknow as contained in ANNEXURE NO. 1 to this application and its corresponding summoning order dated 07.04.2018 passed by the Learned Additional Chief Judicial Magistrate (CBI/AP), Lucknow as contained in ANNEXURE NO. 2 to this application as well as its consequential order dated: 04.08.2018 whereby Non Bailable Warrants have been issued against the applicants as contained in ANNEXURE NO. 9 to this application, along with the entire proceedings of Case No. 1530 of 2018 arising out of FIR No. 385/2017 pending before the Court of Learned Additional Chief Judicial Magistrate (CBI/AP), Lucknow." 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