Mo. Meraj (In Charge Sheet Meraj Khan) and Others v. State of U.P. Thru. Prin. Secy. Home, U.P. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11045 of 2023 Applicant :- Mo. Meraj (In Charge Sheet Meraj Khan) And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lko. And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants and Sri Attreya Tripathi, learned A.G.A. for the State as well as perused the record. The instant application under Section 482 Cr.P.C has been filed for quashing the impugned charge sheet dated 18.5.2020 and the order of cognizance and summoning order dated 28.9.2020 pending in the court of 1st Additional Chief Judicial Magistrate, Court No.17, Sultanpur in Criminal Case No.3082 of 2020 "State Vs. Meraj Khan & others" vide Case Crime No.162 of 2020 under Sections 323, 504, 506, 332 I.P.C. Police Station Kotwali Dehat, District Sultanpur and further proceedings of the case passed in pursuance thereof. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicants have not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicants on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. At this stage, learned counsel for the applicants submits that they do not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). The application is disposed off accordingly. Order Date :- 7.11.2023 Ram Murti High Court of Judicature at Allahabad, Lucknow Bench