Neutral Citation No. - 2025:AHC-LKO:28811 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4050 of 2025 Applicant :- Ram Chandar And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Harish Chandra,Jai Ram,Pankaj Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The instant application under Section 482 Cr.P.C/ 528 BNSS has been filed with the following main reliefs:- "For the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the impugned Charge Sheet No. 1 dated 01.04.2024, filed in Criminal Case No. 31215/2024, "State Vs. Ram Chandar and others", arising out Case Crime No. 0073/2024, under section-323, 504, 506 I.P.C. of Police Station Khargupur, District- Gonda, which was registered on 17.03.2024, pending in the court of Learned Chief judicial Magistrate, Gonda and further be pleased to quash the impugned Cognizance and summoning order dated 27.09.2024 passed by the Learned Chief Judicial Magistrate, Gonda, through which the learned trial court has summoned to the petitioners under section 323, 504, 506 I.P.C. to face the trail in Criminal Case No. 31215/2024, "State Vs. Ram Chandar and others", arising out Case Crime No. 0073/2021, under section 323, 504, 506 1.P.C. of Police Station- Khargupur. District Gonda, which was registered on 17.03.2024, in the interest of justice. Certified copies of the impugned charge sheet dated 01.04.2024 as well as impugned cognizance and summoning order dated 27.09.2024 are being annexed herewith as ANNEXURE NO. 1 & 2 to this affidavit. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Criminal Case No. 31215/2024, "State Vs. Ram Chandar and others", arising out Case Crime No. 0073/2021, under section 323, 504, 506 I.P.C. of Police Station-Khargupur, District Gonda, which was registered on 17.03.2024, during the pendency of present petition, in the interest of justice." Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicants have not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. 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 applicants 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 applicants submits that they do not want to press the application and seek 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 applicants. 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). The application is disposed off accordingly. Order Date :- 15.5.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench