Mohit vs State of U.P Thru. Addl. Chief Secy. Home Deptt. Civil Secrt. Lko. and Another

Neutral Citation No. - 2024:AHC-LKO:37869

Court No. - 15 Case :- APPLICATION U/S 482 No. - 4574 of 2024 Applicant :- Mohit Opposite Party :- State Of U.P Thru. Addl. Chief Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Pintoo Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for applicant as well as learned Additional Government Advocate for State.

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The present 482 Cr.P.C. application has been filed by the applicant for quashing of the impugned summoning order dated 6.3.2023 and the charge-sheet dated 15.6.2022 in Case No.1525 of 2023, in Crime No.0176 of 2022 under Section 60 of U.P. Excise Act, Police Station Fatehpur Chaurasi, District Unnao.

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Learned counsel for applicant, after arguing for some time, submits that the present application may be dismissed as not pressed with liberty to file a bail application before the learned trial court which may be decided in view of law laid down by Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021, to which learned A.G.A. has no objection.

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In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the applicant appears before the trial court within two weeks' from today and applies for bail, the same shall be decided expeditiously by the learned trial court, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).

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The application is disposed of accordingly.

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Order Date :- 17.5.2024 Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Mohit v. State of U.P Thru. Addl. Chief Secy. Home Deptt. Civil Secrt. Lko. and Another

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Mohit v. State of U.P Thru. Addl. Chief Secy. Home Deptt. Civil Secrt. Lko. and Another

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