ABHISHEK SHARMA AND ANOTHER v. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME, LKO. AND ANOTHER
A482/193/2025 · 2025-01-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115833 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115833 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1983 Court No. - 16 Case :- APPLICATION U/S 482 No. - 193 of 2025 Applicant :- Abhishek Sharma and Shitla Prasad Vishwakarma Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Rama Niwas Pathak,Komal Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for petitioners as well as learned Additional Government Advocate for State. Notice to respondent No.2 is dispensed with in view of the proposed order. The present 482 Cr.P.C. application has been filed to quash the impugned criminal proceedings in complaint case No.3151 of 2018 Shambhu Nath Ram versus Abhishek Sharma and another under sections 406, 420, 504, 506 I.P.C. in respect to petitioner No.1 and under sections 504, 506 I.P.C. as regards Shitla Prasad Vishwakarma, petitioner No.2, P.S. Indira Nagar, district Lucknow as well as order dated 25.1.2019 passed by ACJM, Court No.32, Lucknow.
Learned counsel for applicants, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application 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. 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 petitioners appear before the trial court within 20 days from today and a bail application is filed, the same be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra). The petition is disposed of accordingly.
Order Date :- 10.1.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench