HIMANSHU PATHAK v. STATE OF U.P. THRU. PRIN. SECY. HOMES LKO. AND 2 OTHERS
A482/4011/2025 · 2025-05-15
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138586 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138586 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28606 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4011 of 2025 Applicant :- Himanshu Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Homes Lko. And 2 Others Counsel for Applicant :- Shubham Joshi,Bhartendra Pratap Singh,Rishabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The instant application under Section 482 Cr.P.C has been filed for quashing the impugned summoning order dated 6.7.2023 and charge sheet no.01 of 2020 dated 6.5.2020 filed in Crime No.665 of 2018 under Sections 323, 352, 504, 506 Indian Penal Code, 1860, Police Station Ashiyana, District Lucknow as far as it relates to the applicant.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicant. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicant on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. At this stage, learned counsel for the applicant 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 in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.
On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to him, in accordance with law. In case, such an application is moved before the trial court, the trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. The application is disposed off accordingly.
Order Date :- 15.5.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench