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2025 DAILYLAW 158439 (ALL)

MUKHATAR KHAN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6749/2025 · 2025-08-19

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48425 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6749 of 2025 Applicant :- Mukhatar Khan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Iqbal Ali Counsel for Opposite Party :- 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 of 2024 dated 08.11.2024 filed in Case Crime No.0157/2024, under Sections 323, 308, 504 and 506 IPC lodged at Police Station Imaliya Sultanpur, District Sitapur, to quash the order dated 02.06.2025 by means of which cognizance of the offence has been taken and the applicants have been summoned to face the trial and to quash all the proceedings arising out of the aforesaid case crime number, pending in the Court of learned Additional Civil Judge (S.D.) Court No.2/Additional Chief Judicial Magistrate, Sitapur (State Vs. Vaseem Khan alias Guddu Khan and others). 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. 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. 8. The application is disposed of accordingly. [Shree Prakash Singh,J.] Order Date :- 19.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench