Application to quash charge-sheet and summoning order allowed on liberty to apply for bail before trial court, mandating expedited disposal in view of Satender Kumar Antil judgment.
Prayer to quash charge-sheet allowed on liberty to file bail application before trial court.
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Court No. - 27
Case :- APPLICATION U/S 482 No. - 1833 of 2023
Applicant :- Arun Singh @ Arun Pratap Singh And 6 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home And Another Counsel for Applicant :- Akhilesh Kumar Srivastav Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants 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 filed in FIR/Case Crime No. 197 of 2020, under Sections 147, 148, 149, 341, 504, 506 of the IPC, Police Station Kandhayi, District Pratapgarh and summoning order dated 18.01.2023 and further proceeding in pursuance of the summoning order pending in the court of learned Chief Judicial Magistrate, Pratapgarh.
Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants are not involved in committing the alleged offence as has been mentioned in the first information report.
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 .
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 files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra) .
Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is
moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.
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
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51 · Who else cites this
1 provisions across 1 enactments
Arun Singh @ Arun Pratap Singh And 6 Others
State Of U.P. Thru. Addl. Chief Secy. Home And Another
Shree Prakash Singh
Anurag Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
