OM LAL v. STATE OF UP THRU. ADDL. CHIEF SECY/ PRIN. SECY. HOME U.P. LKO. AND ANOTHER
NA528/957/2025 · 2025-08-20
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157451 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157451 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48733 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 957 of 2025 Applicant :- Om Lal Opposite Party :- State Of Up Thru. Addl. Chief Secy/ Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Dinesh Kumar Pushpakar,Anju Vaishya 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 chargesheet dated 12.12.2024 filed by the Investigating Officer in F.I.R./Case Crime No.0300/2024, under Section 115(2), 352, 351(2), 351(3) ΒB.N.S. and 67 I.T. Act, Police Station- Motigarpur, District- Sultanpur, contained in Annexure No.1 to this petition. This Hon'ble Court further be pleased to quash the impugned summoning order dated 11.2.2025 and order dated 11.7.2025, passed by the learned Additional Chief Judicial Magistrate, Court No.18, Sultanpur in Case No.3134/2025 (State vs. Om Lal) arising out of F.I.R./Case Crime No.0300/2024. under Section 115(2), 352, 351(2), 351(3) B.N.S. and 67 I.T. Act, Police Station- Motigarpur, District- Sultanpur, contained in Annexure No.2 and 3 to this petition. This Hon'ble Court further quash the entire criminal proceeding of Case No.3134/2025 (State vs. Om Lal) arising out of F.I.R./Case Crime No.0300/2024, under Section 115(2), 352, 351(2), 351(3) Β.N.S. and 67 I.T. Act, Police Station- Motigarpur, District Sultanpur which is pending before the learned Additional Chief Judicial Magistrate, Court No.18, Sultanpur."
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 of accordingly.
Order Date :- 20.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench