SUBHASH CHANDR @ SUBHASH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5940/2025 · 2025-07-24
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151172 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151172 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42747 Court No. - 29 Case :- APPLICATION U/S 482 No. - 5940 of 2025 Applicant :- Subhash Chandr @ Subhash Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ajeet Verma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed to quash entire criminal proceedings including Criminal Case No. 1912 of 2023, arising out of Case Crime No. 0186 of 2022 under sections 323, 504, 506 I.P.C. and Section 3(1)(Da), 3(1) (Dha), 3(2)(Va) of SC/ST Act, Police Station-Itaunja, District- Lucknow as well as summoning order dated 26.05.2023 including charge sheet dated 27.08.2022.
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, could could not appear before the court below. 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'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 applicant. On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant 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 :- 24.7.2025/Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench