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2025 DAILYLAW 158227 (ALL)

SMT. SAROJANI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7194/2025 · 2025-08-29

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7194 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed with the prayer to quash the chargesheet no. 01, dated 09.12.2023 in Criminal Case No. 377 of 2025; State Vs. Bheekha Lal and others, arising out of FIR No. 383 of 2023, under Sections 332, 353, 504 IPC, Police Station Fatehpur Chaurasi, District Unnao and summoning order dated 03.04.2025 passed by learned Judicial Magistrate, Safipur, District Unnao, as well as entire proceedings in pursuance thereof. 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 been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below. 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 Versus Counsel for Applicant(s) : Gayatri Singh Counsel for Opposite Party(s) : G.A. Smt. Sarojani And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) and another (2022)10 SCC 51. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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). Further, the applicants 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. The application is disposed of accordingly. August 29, 2025 kkv/ A482 No. 7194 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench