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2025 DAILYLAW 140891 (ALL)

CHITTAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS

/4273/2025 · 2025-08-13

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47381 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4273 of 2025 Applicant :- Chittar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others Counsel for Applicant :- Kuldeep Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 2. Instant application under section 482 Cr.P.C./528 of the B.N.S.S., 2023 has been filed with the prayer to quash the non- bailable warrant issued by the learned Judicial Magistrate-II, Sitapur in Criminal Case No.1130/88 (State Vs. Uma Shanker and others), arising out of Case Crime No.177/1987, under Sections 323, 328 and 355 IPC lodged at Police Station Ramkot, District Sitapur, to quash the order dated 17.10.2023 passed by the learned Chief Judicial Magistrate, Sitapur by means of which non-bailable warrant has been issued and proceedings U/s 82-83 CrPC have been initiated in Case No.4286/2017, arising out of Case Crime No.177/1987, under Sections 323, 328 and 355 IPC, Police Station Ramkot, District Sitapur (State Vs. Uma Shankar) as well as to quash the entire proceedings of the aforesaid case, pending in the Court of learned Chief Judicial Magistrate, Sitapur. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the First Information Report. He added that due to enmity, his name has been planted in the First Information Report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below. 4. 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 down by the Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. 5. Learned AGA for the State has no objection to the prayer made by learned counsel for the applicant. 6. 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 (supra). 7. It is further provided that if the Judgment of Satender Kumar Antil (supra) is available in the facts of the case, the case of the applicant shall be considered for the same and the non-bailable warrant issued against the applicant, would not be given effect for 15 days. 8. The application is disposed of accordingly. . [Shree Prakash Singh,J.] Order Date :- 13.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench