DEEPAK KUMAR MISHRA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/973/2025 · 2025-08-22
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157829 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157829 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49343 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 973 of 2025 Applicant :- Deepak Kumar Mishra And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Narendra Pratap Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicants, 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 graciously be pleased to quash the impugned charge sheet No 01/2025 dated 25.4.2025 in FIR No. 0025/2025 under section 3(5), 115(2), 352, 351(3), BNS registered at Police station Chanda District Sultanpur, Criminal case No. 13467/2025 "State Vs. Deepak and others" and the cognizance/ summoning order dated 26.6.2025 passed by Addl. Chief Judicial Magistrate Court No. 7, Sultanpur as contained in Annexure No. 1 and 2 to this petition. It is further prayed that this Hon'ble Court may also kindly be pleased to stay the proceeding of criminal case No. 13467/2025, FIR No. 0025/2025 under section 3(5), 115(2), 352, 351(3), BNS registered at Police station Chanda District Sultanpur "State Vs. Deepak and others" pending in the court of Addl. Chief Judicial Magistrate, Court No. 7, Sultanpur."
3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report.
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 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 :- 22.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench