SHUBHAM JAISWAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/6809/2025 · 2025-08-20
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158671 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158671 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48992 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6809 of 2025 Applicant :- Shubham Jaiswal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rajesh Kumar Sharma,Ashwani Kumar Misra,Prabhu Sharan 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 dated 12.04.2021 filed in Case Crime No.0271/2020, under Sections 147, 323, 504, 506 and 452 IPC lodged at Police Station Wazirganj, District Lucknow and to quash the cognizance/summoning order dated 20.03.2023 passed by the learned Special Additional Chief Judicial Magistrate CBI (A.P.), Lucknow in Criminal Case No.27032 of 2023 (Sate of U.P. Vs. Shubham Jaiswal 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. The application is disposed of accordingly. [Shree Prakash Singh,J.] Order Date :- 20.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench