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2025 DAILYLAW 157654 (ALL)

Ram Pravesh Yadav and 2 others v. State of U.P. thru Principal Secretary, Home and another

CRLA/2462/2025 · 2025-08-12

Shree Prakash Singh

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47159 Court No. - 14 Case :- CRIMINAL APPEAL No. - 2462 of 2025 Appellant :- Ram Pravesh Yadav And 2 Others Respondent :- State Of U.P. Thru Principal Secretary, Home And Another Counsel for Appellant :- Ashok Kumar,Chandra Prakash,Vimal Kumar Counsel for Respondent :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants as well as learned AGA for the State and perused the record. 2. Instant application under section 482 Cr.P.C./528 of the B.N.S.S. has been filed with the prayer to quash the charge- sheet no.01/2023 dated 07.07.2023 filed in Case Crime/FIR No.0110/2023, under Sections 323, 504, 3(1)(da) and 3(1)(dha) IPC lodged at Police Station Itaunja, District Lucknow as well as to quash the summoning order dated 07.11.2023 passed by the learned trial court after taking cognizance on the charge- sheet filed by the Investigating Officer. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been charge-sheeted. He next added that due to unavoidable circumstances, they could not appear before the trial below. 4. At this stage, learned counsel for the applicants 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 applicants. 6. On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be considered and decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). 7. The application is disposed of accordingly. [Shree Prakash Singh,J.] Order Date :- 12.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench