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2025 DAILYLAW 159240 (ALL)

VIKKI SAHU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6933/2025 · 2025-08-25

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6933 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The instant application under Section 482 Cr.P.c. has been filed to quash the entire criminal proceeding of charge sheet No.01 of 2016, dated 29.10.2006 as well as summoning order dated 09.01.2017, in Case No.61 of 2017 (State Vs. Mohd. Shoeb Khan and Others) arising out of Case crime No.0224 of 2016, under Section 51, 52(A), 63, 68-A Copy right Act, 1957 and Section 292, Police Station- Bazar Khala, District- Lucknow pending in the Court of learned Additional Chief Judicial Magistrate, Court No.32, Lucknow. Learned counsel for the applicant submits that the applicant is innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence. 3. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicant. It is further submitted that these are disputed questions of fact, which can be adjudicated Versus Counsel for Applicant(s) : Ram Narayan Pandey, Mohd. Saud Khan Counsel for Opposite Party(s): G.A. Vikki Sahu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) only after adducing the evidence. He further controverts the submissions of learned counsel for the applicant on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. 4. At this stage, learned counsel for the applicant submits that they do not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. 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 applicant. 6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears 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 versus Central Bureau of Investigation and another (supra). 7. The appeal is disposed off accordingly. August 25, 2025 Haseen U. A482 No. 6933 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench