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2025 DAILYLAW 154615 (ALL)

DAVAR KHAN @ DAVAR@ SONU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME U.P. LKO. AND ANOTHER

/6203/2025 · 2025-08-05

body2025

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Neutral Citation No. - 2025:AHC-LKO:45283 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6203 of 2025 Applicant :- Davar Khan @ Davar@ Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And Another Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge-Sheet dated 20/04/2019, filed before Learned C.J.M., Court No. 16, Sultanpur in Criminal Case No. 7833/2021, "State Vs. Maruf Kha and others." F.I.R No. 0268/2019, U/Ss. 387,504,506 P.S Kotwali Nagar, District- Sultanpur, and the next date is 20/08/2025 for appearance, and as contained in Annexure-1 and 2- collectively to this Petition. To stay the further proceeding in before Learned C.J.M., Court No. 16. Sultanpur in Criminal Case No. 7833/2021, "State Vs. Maruf Kha and others." F.I.R No. 0267/2019, U/Ss. 387, 506 P.S Kotwali Nagar, District- Sultanpur, and the next date is 20/08/2025, against the Petitioner, during the pendency of this Petition before this Hon'ble Court in the interest of justice." 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report. 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 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. 5. Learned A.G.A. 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. 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 them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. 8. The application is disposed off accordingly. Order Date :- 5.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench