Disposed¶12

Parmeshwar and Others v. State of U.P. Thru. Prin. Secy. Home and Another

Allahabad HC21 Feb 2023/1715/2023

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench; Application U/S 482 No. 1715 of 2023; decided 21.2.2023 by Shree Prakash Singh, J.; 482 CrPC petition to set aside chargesheet dated 21-11-2021 (Case Crime No. 0329/2021, ss. 323/504/506/308/325 IPC, P.S. Karnailganj, District Gonda) and summoning order dated 06-07-2022 (CJM Gonda, Case No. 46291 of 2022); application not pressed by counsel Shishir Pradhan; AGA Girijesh Dwivedi for the State; disposed of with liberty to appear and file bail within two weeks, bail to be decided expeditiously per Satender Kumar Antil (2022) 10 SCC 51.

What did the court decide?

Liberty to the applicants to appear before the trial court within two weeks and file bail application(s), to be decided expeditiously in view of Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51. ¶12

Parmeshwar and Others Vs State of U.P. Thru. Prin. Secy. Home and Another — Allahabad HC (2023) — LawSathi Research

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1715 of 2023

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Applicant :- Parmeshwar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Shishir Pradhan Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicants, Shri Girijesh Dwivedi, learned AGA for the State and perused the record.

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Instant application under Section 482 Cr.P.C has been filed to set aside the impugned chargesheet dated 21-11-2021, filed by the Investigating OfÏcer in Case Crime No. 0329/2021, under sections 323,504,506,308 & 325 I.P.C., Police Station-Karnailganj, District-Gonda and summoning order dated 06-07-2022 passed by the court of learned Chief Judicial Magistrate,Gonda in Case No.46291 of 2022.

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Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.

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At this stage, learned counsel for the applicants submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.

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Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.

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On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicants appear before the trial

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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 (supra) .

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The application is disposed of accordingly.

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Order Date :- 21.2.2023 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Parmeshwar and Others v. State of U.P. Thru. Prin. Secy. Home and Another

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Parmeshwar and Others v. State of U.P. Thru. Prin. Secy. Home and Another

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