Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:109668 Court No. - 72 Case :- APPLICATION U/S 482 No. - 40008 of 2024 Applicant :- Upendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Udai Prakash Deo Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 15.06.2024, cognizance/summoning order dated 22.08.2024 passed by Judicial Magistrate, Sonbhadra as well as entire proceedings in Criminal Case No.9022 of 2024 (State vs. Sangita and another) arising out of Case Crime No.0070 of 2024, under sections 323, 504 & 506 I.P.C., Police Station Pannuganj, District Sonbhadra, pending in the court of Judicial Magistrate, Sonbhadra.
3. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Instant FIR lodged with malice intention and in counterblast of the FIR.
4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that submissions raised by learned counsel for the applicant are disputed questions of facts, which cannot be adjudicated at this stage. Learned AGA next submits that FIR is supported by medical examination report.
5. Accordingly, the relief as sought by the applicant through this application is refused.
6. However, if applicant surrenders and apply for bail before the concerned court within three weeks from today, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.
7. For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.
8. With the aforesaid directions, this application under Section 482 Cr.P.C. stands
disposed of.
Order Date :- 10.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad