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2025 DAILYLAW 158468 (ALL)

DIVAKAR @ DIVAKAR VERMA AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. (HOME) LKO. AND ANOTHER

A482/6800/2025 · 2025-08-22

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49552 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6800 of 2025 Applicant :- Divakar @ Divakar Verma And 4 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. (Home) Lko. And Another Counsel for Applicant :- Amit Kumar Singh 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:- "That this Hon'ble court may kindly be pleased to quash criminal Proceeding of the criminal case no 1117 of 2025, and charge sheet dated 28.10.2024 as well as Summon order dated 7.01.2025 arising out of case crime no 152 of 2024, under section 323/504/506/308/34 -I.P.C,Police station Jaisinghpur District Sultanpur pending before ACJM (SDI) Sultanpur criminal case no 1117 of 2025 and further please to stay the proceeding of criminal case no 1117 of 2025, pending before ACJM (SDI) Sultanpur till final disposal of present case." 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. The application is disposed of accordingly. Order Date :- 22.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench