Disposed

Ibrar and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC18 May 2023/4911/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 Cr.P.C. application seeking quashment of a summons and chargesheet. The applicants withdrew the quashing prayer and sought liberty to file a bail application, which was permitted for expeditious disposal.

What did the court decide?

Liberty given to the applicants to file a bail application before the trial court for expeditious disposal.

Ibrar and Others Vs State of U.P. Thru. Prin… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:34601

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 4911 of 2023

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Applicant :- Ibrar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Daya Shanker Tiwari,Sanjeev Kumar Dwivedi 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 quash/setting aside the summoning order dated 10-11-2021 and Chargesheet No. 306 of 2021, dated 14-07-2021, arising out of Case Crime No. 0304 of 2021, under sections 147,148,149,323,504,506,452,427,324,325,308 of I.P.C., Police Station-Lalganj, District-Pratapgarh in Crl. Case No. 17368 of 2021.

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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

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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 (supra).

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The application is disposed of accordingly.

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Order Date :- 18.5.2023 AKS

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

Ibrar and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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Ibrar and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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