VIJAY PRAKASH GUPTA v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7066/2025 · 2025-08-27
Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 159913 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 159913 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7066 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant 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 cognizance/summoning order dated 01.02.2025 passed by the learned Court of Special Judge, Custom, Lucknow in Case No.13871/2025 and to quash the entire proceedings, arising out of charge-sheet dated 29.05.2024 filed in FIR. No.0365/2023, under Sections 498-A, 323, 504 and 506 IPC lodged at Police Station Banthara, District Lucknow North (Commissionerate Lucknow). 3. Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been charge-sheeted. He next added that due to unavoidable circumstances, he could not appear before the trial below. 4. At this stage, learned counsel for the applicant 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. Versus Counsel for Applicant(s) : Sachin Kumar Pandey, Anshuman Mishra Counsel for Opposite Party(s) : G.A. Vijay Prakash Gupta .....Applicant(s) State Of U.P. Thru. Addl. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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 files 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.
August 27, 2025 MVS/- A482 No. 7066 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench