Disposed

Arjun Prasad and 5 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Allahabad HC25 Jun 2024/5529/2024

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What is this about?

Court disposed of an application under Section 482 Cr.P.C. seeking to quash criminal proceedings. No substantive orders were made on merits; liberty was granted to file a bail application in the trial court, to be considered under Satender Kumar Antil.

What did the court decide?

Applicants granted liberty to file a bail application in trial court within two weeks for expeditious disposal.

Arjun Prasad and 5 Others Vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:44060

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 5529 of 2024

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Applicant :- Arjun Prasad And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Vinod Kumar Pandey 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 Nirmal Kumar Pandey, 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 the entire proceedings of Criminal Case No. 529 of 2021 "State Vs. Shiv Prasad and Others" arising out of Case Crime No. 0414 of 2020, under sections 147,323,504,506,452,308 of I.P.C.,Police StationJamo, District-Amethi, pending in the court of Additional Chief Judicial Magistrate,Vth, Court No. 21, Sultanpur and impugned summoning order dated 25-06-2021 as well as its consequential orders as well as the impugned chargesheet dated 10-02-2021.

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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 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 :- 25.6.2024 AKS

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

Arjun Prasad and 5 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

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Arjun Prasad and 5 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

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