This applicant filed an application under Section 482 Cr.P.C. to quash the charge-sheet and summoning order. The court did not quash the proceedings but allowed the applicant liberty to file a bail application, which would be decided expeditiously under Satender Kumar Antil.
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Court No. - 27
Case :- APPLICATION U/S 482 No. - 1812 of 2023
Applicant :- Mr. Laxmikant Srivastava And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko. And Others Counsel for Applicant :- Varun Kumar Sharma,Arvind Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
Instant application under Section 482 Cr.P.C has been filed with prayer to quash the impugned charge-sheet having the Case Crime No. 0004 of 2022, P.S. Sarojininagar, District- Lucknow and Case No. 87396 of 2022 as well as the impugned summoning order of the learned Court of the Judicial Magistrate IIIrd of the District Lucknow and direct the learned Court below to not give the effect to the summoning order.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.
At this stage, learned counsel for the applicant 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 .
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.
On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra) .
The application is disposed off accordingly.
Order Date :- 23.2.2023/Anurag
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is innocent and falsely implicated, allowing him to seek bail instead of quashing the charge-sheet and summoning order.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Mr. Laxmikant Srivastava
Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
