HEERA LAL AND 4 OTHERS v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/4049/2025 · 2025-05-15
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140160 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140160 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28521
Court No. - 29 Case :- APPLICATION U/S 482 No. - 4049 of 2025 Applicant :- Heera Lal And 4 Others Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dharmendra Kumar Trivedi,Bipin Dutt Dixit Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed with the prayer to quash/set aside the impugned Judgment and Order dated 17-02-2025 passed by the learned Sessions Judge, Raebareli, in Criminal Revision No. 383 of 2024(Ratnesh Kumar & Others Vs State of U.P. & Another) as well as the impugned summoning order dated 09-10- 2024 passed by learned Additional Chief Judicial Magistrate-Third,Raebareli in Criminal Case No. 14589 of 2024 (Satyendra Singh Vs. Ratnesh Kumar and Others), under sections 323, 504, 506/34 of I.P.C., Police Station-Salon,District- Raebareli including entire proceedings thereof.
Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below. At this stage, learned counsel for the applicants 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's judgment in the case of Satender Kumar Antil versus 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 of accordingly.
Order Date :- 15.5.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench