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2025 DAILYLAW 156318 (ALL)

MAHENDRA SHARMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

/6416/2025 · 2025-08-13

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47512 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6416 of 2025 Applicant :- Mahendra Sharma Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Shobhit Kumar Pandey 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 the entire proceedings of Case No. 22 of 2017; State Vs. Raju Sharma and others, arising out of Case Crime No. 693 of 2016, under Sections 308, 323, 504, 506 IPC and Sections 3(1) Da, 3(2)(5) Ka of SC/ST Act, Police Station Mohanganj, District Amethi and chargesheet No. 20 of 2016 and summoning order dated 01.05.2017 passed by Special Judge SC/ST Act, Raebareli and NBW dated 14.07.2025. 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. 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 AGA 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 appears 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 :- 13.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench