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2025 DAILYLAW 155749 (ALL)

OM PRAKASH MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

/906/2025 · 2025-08-05

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45543 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 906 of 2025 Applicant :- Om Prakash Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Santosh Kumar Pandey,Shri Kant Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Shri Pramod Kumar Verma, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2, the same is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Pramod Kumar Verma, learned counsel for opposite party no.2 and perused the record. 3. 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 charge sheet No. 01 of 2025 dated 22.3.2025 submitted in F.I.R. No. 0263 of 2024 under sections 319(2), 318(4), 308(2), 351(3) BNS, police Station- Kurebhar, Ditrict- Sultanpur, as well as for quashing the summoning order dated 15.4.2025 passed by the Additional Chief Judicial Magistrate Room No. 20, Sultanpur directing the Petitioner to appear before the court. to face the trauma of trial along with the entire criminal proceeding of Criminal Case No. 515 of 2025 "State Versus Om Prakash" pending before the Additional Chief Judicial Magistrate Room No. 20, Sultanpur, as contained in Annexure No. 1 & 2 respectively to this petition." 4. 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. 5. 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. 6. Learned A.G.A. as well as learned counsel for opposite party no.2 has no objection to the prayer made by learned counsel for the applicant. 7. 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). 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